beta
(영문) 대구지방법원 경주지원 2015.09.16 2014고단645

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The defendant is a Vietnamese who worked in Gangnam Construction Co., Ltd. as a daily worker, and has lived in a lodging with the same worker.

On March 31, 2014, around 00:05, at the Defendant’s accommodation of Jung-gu Incheon Metropolitan City D302, the Defendant used the same accommodation on the ground that the victim E (the age of 57) who used the same accommodation when the Defendant d (the age of 57) went home after drinking, she used the kitchen gate (a 29cm X-4.5cm) which was a deadly weapon in his/her kitchen, and used the kitchen flashing a victim through several times on the ground that he/she took a bath.

Summary of Evidence

1. Partial statement of the defendant;

1. Prosecutions and police suspect interrogation records of the accused;

1. Statement of the police statement of E;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes on investigation reports, records of seizure and list of seizure;

1. Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 260(1) of the Criminal Act concerning criminal facts

1. One year of imprisonment to be suspended;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the suspended sentence of sentence; Article 59 (1) of the Criminal Act (see, e.g., the fact that the crime was committed by chance; the fact that

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act for forfeiture [Scope of Recommendation] Types VI (Habitual, Cumulative, Habitual, Special Violence). Basic area ( June to October);