(영문) 울산지방법원 2015.08.13 2015고단649

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2015.08.13 2015고단649

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of 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

On April 14, 2014, at around 03:00, the Defendant: (a) reported the victim’s Ma (22 years of age) and the Defendant’s female-friendly F, etc. to have a dispute with the f and the francing of the f in order to smoke tobacco; and (b) reported the f and the francing of the f in order to have the francing of the francing of the francing of the francing of the francing of the dangerous object on the table table; (c) made the victim’s francing of the francing of the flab; and (d) made the victim’s fessing of the fese with drinking and fese with 10 parts of the face of the fescing of the fescing of the treatment days.

Summary of Evidence

1. Legal statement of witness E;

1. Statement to E by the police;

1. Certificates of admission and discharge, certificates of diagnosis and outpatient medical treatment, and certificates of medical treatment;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The defendant and his defense counsel's assertion of Article 62 (1) of the Act on the Suspension of Execution of the Criminal Procedure against the defendant and his defense counsel argued that although the defendant had a wall against the victim's face, they cannot be viewed as a crime under Article 3 (1) of the Punishment of Violences, etc. Act. However, according to the witness E's statement, according to the witness E's legal statement, the defendant at the time of the defendant's appearance, he left the face of E at a point of one meter away between E and E. The defendant got away from the face of E, the defendant's remaining remains at the left part of E's face, and the defendant's face assaulted to drinking and kneeee's face immediately after that, according to the above facts of recognition and the duly adopted evidence, the facts charged of this case were sufficiently proven.

Therefore, the defendant and his defense counsel are rejected.

참조조문

-폭력행위 등 처벌에 관한 법률 제3조 제1항

유사 판례

-대구지방법원 2018.10.11 2018고단2160

-창원지방법원 2016.11.02 2016고단1336

-서울북부지방법원 2013.02.06 2012노1260

-서울남부지방법원 2019.03.14 2018노2049