beta
(영문) 수원지방법원 2016.03.09 2015고단3481

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

around 04:00 on April 5, 2015, the Defendant dtel A 1218 of the Suwon-gu Officetel A, one’s own house, performed alcohol together with the victim E (31 years of age) and the victim’s female-friendly job offers F, etc., drank, first she home and talked with the victim during telephone conversations with F, and she was put to a vision.

At around 06:15 on the same day, the Defendant entered the house by the Defendant’s house, instead of the entrance corrected by the victim, and entered the house through the Defendant’s house window instead of the entrance, and entered the victim’s toy of the 쇠 material, which is a dangerous object in the vicinity, when the victim’s toy total the above toy.

As a result, the Defendant carried dangerous things and inflicted bodily injury on the victim, such as double alleys and internal alleys, which require approximately six weeks of medical treatment.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. Legal statement of witness E;

1. A protocol concerning the interrogation of suspects of E;

1. Seizure records;

1. Responses to cooperation in investigation;

1. Application of Acts and subordinate statutes, such as the total toy photographs, field photographs, and damaged photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. According to the records on the argument of the defendant and his defense counsel under Article 48 (1) 1 of the Confiscation Criminal Code, the victim has entered the defendant's house through the main window without permission of the defendant, and under such circumstances, the defendant under the influence of alcohol was deemed to have inflicted an injury on the victim. However, in light of the situation where the defendant and the victim were faced by the victim at the time, the circumstance and means of the injury inflicted on the victim, and the speech and behavior of the defendant at the time of the crime, etc., the act of the defendant's decision constitutes an act to defend the present unfair infringement of his or other person's legal interests, or at the time the defendant did