beta
(영문) 수원지방법원 안산지원 2015.07.16 2015고단1358

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant was the victim C (math, 57 years of age) and a person who had been dead for about one year prior to his death.

1. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입) 피고인은 최근 피해자가 피고인의 알콜중독, 잦은 폭언과 폭력으로 인하여 헤어질 것을 마음먹고 연락을 회피하자, 앙심을 품고 혼내주기 위해 수건에 위험한 물건인 칼을 숨겨 소지한 채 피해자의 집에 찾아가기로 마음먹고, 2015. 5. 19. 11:00경 안산시 상록구 D 아파트 피해자의 집에 찾아갔으나 응답하지 않고 비밀번호도 변경하여 들어갈 수 없게 되자 위 아파트 5층 계단 창문을 통하여 베란다 샷시 밖으로 설치된 에어컨 실외기를 밟고 열려진 베란다 창문을 열고 피해자의 집에 들어가 타인의 주거를 침입하였다.

2. The Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) committed a violation of paragraph (1) of the same Article by putting the victim knife and knife his/her body, which is a dangerous thing surrounding the case of a knife at the inside and outside of the inner location, and breaking the victim’s body, which is a dangerous thing surrounding the case of a knife, and continuously cutting the victim’s body by drinking and launching it, and continuing to kill the victim “the license has been revoked due to spack, and the knife shall die because he/she died.”

Accordingly, the Defendant: (a) led the victim to his ward and gathered the Hague press (23.5 cm in total length) which is a dangerous object that had been located therein; and (b) caused injury to the victim, such as the head part of the body, open room, etc. requiring approximately two weeks of treatment, by considering the head and the head part of the victim several times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Investigation report (victim's telephone statement or sound recording);

1. A detailed statement of 112 reported cases processing;

1. An investigation report (Attachment of a medical certificate of injury) and a medical certificate of injury;