logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.03.26 2015고단534
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the business of construction execution on behalf of the defendant.

At around 15:00 on January 1, 2015, the Defendant, while drinking alcohol at the “Dju” store located in Daegu-gu, Daegu-gu, he saw a dispute with the victim E (50 years of age) who had drinking alcohol on the side table table, and had the victim’s math, and had the victim’s math, who had been suffering from the disease. Around 15:00, the Defendant got approximately KRW 3 to 4cm from the mast, which requires treatment for about 2 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (two to four years) (two or more years) of habitual injury, repeated injury, and special injury [Special Bodily Injury] [Determination of Sentence] The defendant committed an injury to the victim by taking advantage of the main areas of punishment (two or more years of habitual injury, repeated injury, repeated crime, and special injury] of the defendant's age, character and behavior, career, environment, etc., which are dangerous things, and thus, the risk of the injury was high, agreement with the victim or not injured. However, the degree of injury of the victim is not excessive, and the defendant's mistake is divided and reflected, and other various circumstances such as the motive, circumstance, method and method of the crime in this case, situation before and after the crime, the defendant's age, character and behavior, career, environment, etc. as shown in the arguments in this case shall be determined as the sentence as ordered.

arrow