beta
(영문) 인천지방법원 2015.11.12 2015고단3991

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On May 21, 2015, the Defendant committed assault, around 10:30 on May 21, 2015, the Defendant: (a) asked the Defendant’s wife to whether he had sexual intercourse with the Victim D (26 years of age); (b) expressed the Defendant’s desire to “this sprink, sprink, and sprinked” to the victim; (c) 1 time the victim’s head was flicked on the sole hand of the victim’s head on a one-time basis; (d) going the victim’s head to the construction site where the victim is in his neighborhood, and she took the victim’s head to drinking.

2. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행) 피고인은 2015. 5. 23. 11:30경 위 피해자의 주거지인 인천 서구 C 오피스텔 910호에서, 위 1항과 같은 이유로 위 피해자에게 성관계를 하였는지 물어보다가 화가 나, 그곳 주방에 있는 위험한 물건인 주방용 칼(전체길이 23cm, 칼날길이 13cm)을 손에 쥐고 칼등 부분으로 피해자의 머리 부위를 수회 내리치고, 계속해서 피해자에게 오른 손을 책상 위에 올려놓으라고 한 뒤 위 칼로 손목을 긋는 시늉을 한 뒤 피해자의 뺨을 1회 때리는 등 위험한 물건을 휴대하여 피해자를 폭행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. The criminal implements and the defendant and his/her defense counsel alleged that the defendant did not assault the victim on May 21, 2015 or assault the victim on the 23th day of the same month. However, according to the evidence duly adopted and investigated by this court, the defendant found the defendant in order to inquire into whether the victim had sexual intercourse with the defendant on May 21, 2015 and May 23, 2015, and 23th day of the same month, the defendant reported to the police on May 23, 2015, that "the victim's friendship is subject to intimidation by another person. The victim's sexual intercourse with the other person." < Amended by Act No. 13370, May 21, 2015; Act No. 13205, May 21, 2015>