logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.04.07 2013고단1720 (2)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 28, 2013, the Defendant used the victim’s left shoulder part of the victim’s hack pipe (1.5m in length, approximately 5m thicker 5m in length), which is a dangerous object on the floor surface of the surrounding area, on the 204 side of the construction site at Chicago-si, 12:00, the Defendant used the victim’s body fighting with the victim’s D (36 years) and vision. On February 28, 2013, the Defendant used the victim’s body fighting with the victim’s face at a time and with the victim’s face at a time.

Summary of Evidence

1. The defendant's legal statement;

1. The first public trial protocol against Defendant D;

1. The defense counsel asserts that the defendant's act constitutes legitimate defense against the victim D's assault and thus the illegality is excluded.

According to the evidence duly examined, the defendant and the victim are found to have been fighting with the body of the victim, and the defendant, who was fighting with the body of the victim, was satisf, and the victim was satisfed with the face of the victim and dangerous articles.

Thus, the defendant's act cannot be seen as a legitimate defense, and the defense counsel's assertion is not accepted.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence:

1. Application of the sentencing criteria [Scope of recommending punishment] violent crimes, assault crimes, and Type 6 (Special Assaults): Reduction element of punishment (the area of recommendation and the sentence of recommendation], the area of mitigation of punishment [the area of recommendation and the sentence of recommendation], April 1 and February;

2. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for one year, the crime of this case was committed with a pipe, which is a dangerous object, and the risk of assaulting the victim may not be charged.

On the other hand, it is also recognized that there was an agreement with the victim, and the victim submitted the counter-influence that he/she will be punished.

The above circumstances and the age of the defendant.

arrow