beta
(영문) 서울남부지방법원 2014.11.12 2014고단3767

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

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

except that 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

1. Around 22:20 on October 2, 2014, the Defendant violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) committed an assault against the Defendant’s mother in front of the Defendant’s home located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to make a report, and the victim E (the young young people aged 62) expressed that “When she is older than her, she will her,” the victim her head friths the victim “ her,” and her head friths her head frith, and walked the victim’s body that she was exposed to the victim several times by destroying the victim’s body beyond the floor. Each item (the length is 54cm) that is a dangerous object in front of her house, and caused an injury, such as the victim’s right flilleing, at which the victim’s right frith of treatment days cannot be known to the victim.

2. On October 2, 2014, at around 22:20, the Defendant: (a) placed head on the floor in the process of investigating the situation of the instant case by the slope G affiliated with the F District Unit of the Seoul Young Military Police Station, which was dispatched to the site after receiving a report of 112 at the place specified in the foregoing paragraph 1. On October 2, 2014; (b) attempted self-harm; (c) the said G was not flaging the Defendant; (d) obstructed a police officer’s legitimate performance of duties, such as flaging the right side part of the said G with a horse, flag, and assaulting the victim G to the right side part of the said G; and at the same time, the victim G (34 years of age) was a

Summary of Evidence

1. The defendant's legal statement;

1. Application of each police protocol of statement to E and G;

1. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc., Article 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of causing bodily injury to a dangerous object), Articles 136 (1) and 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.