logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.04.27 2015고단1390
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【The Defendant was sentenced to imprisonment with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at Jeju District Court on May 31, 2012, and completed the execution of the sentence at Jeju Prison on November 21, 2013.

【On June 11, 2015, the Defendant: (a) reported that the Defendant was sponsed with C and the victim D (42 tax) of the same Dong-ri Division, which was located in Jeju-si, 15:15:2, a 15-lane, and caused the injury to the victim, i.e., approximately four weeks of the victim’s head, she was sponsed with her drinking once from the victim; (b) the victim’s head, who was a dangerous object, was sponsed with her head; and (c) when the victim’s face part of the victim’s face was sponsed with drinking, she was sprinked with approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on occurrence of violence, investigation reports, and photographs of victims of violence;

1. Statement made by the police against D;

1. Each written diagnosis;

1. Each police statement made to E and F;

1. A protocol concerning the interrogation of suspect C by the police;

1. Previous convictions: Inquiries about criminal history, confirmation of the fact of release from prison, reporting on the number of individuals and confinement status, application of Acts and subordinate statutes to report criminal investigations (prior convictions and attachment of repeated judgments);

1. Relevant legal provisions concerning criminal facts: Articles 258-2 and 257 (1) of the Criminal Act;

1. Aggravation of repeated crimes: It is so decided as per Disposition for the reasons under Article 35 of the Criminal Act;

As to the defendant's assertion, the defendant's defense counsel asserts that "in carrying dangerous articles" as stipulated in Article 258-2 of the Criminal Act means that the defendant's possession of dangerous articles or possession of body with the intent to use them in committing the crime at the scene of the crime is not necessarily included in the case of possession of them, regardless of the crime.

However, the above carrying body cannot be said to mean the accompanying of the Defendant, and as in this case, an empty spawn, which is a dangerous object around the Defendant at the scene of the crime, shall be cited as an empty spawn.

arrow