logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.07.11 2018고단331
폭행
Text

Defendant

YThe defendant A shall be punished by imprisonment for four months, and imprisonment for six months, respectively.

However, this judgment shall be rendered against Defendant Y.

Reasons

Punishment of the crime

Defendant

A on February 18, 2016, the Seoul Western District Court was sentenced to six months of imprisonment with prison labor for larceny, two years of suspended execution, etc. at the Seoul Western District Court, and the judgment became final and conclusive on February 26, 2016 and was during suspended execution period.

1. On October 27, 2017, Defendant Y: (a) around 15:20 on October 27, 2017, the Defendant: (b) reported the victim AA (38 tax ) to have a dispute with the victim AB in the Zok-dong, Seoul Southern-ro, Guro-gu, Seoul, Guro-gu; and (c) made the part of AB; (d) the victim was wooden; (e) the victim was frighted with the victim; and (e) the victim was frightd with the victim’s hand, and (e) the victim abusedd twice with the victim’s neck.

2. While the Defendant reported that the victim A was dissatisfied with Y at the time, time, and place described in paragraph 1, the Defendant inflicted multiple injuries on the victim, including the victim’s clocks, following the victim’s body knife and knife the victim’s body, and knife the victim’s side knife and knife the victim’s body side knife the victim’s body, thereby taking about 4 weeks of treatment.

Summary of Evidence

1. Each legal statement of a witness AA and AC;

1. A protocol concerning the examination of some police officers against Defendant A;

1. Part of the statement made by the police against Defendant A (the first party);

1. Part of the statement made to A by the police (the first part of the victim);

1. Each self-statement in the AA and AC preparation;

1. A medical certificate;

1. Previous convictions: Application of Acts and subordinate statutes to investigation report (within the period of suspension of the execution of a suspect A) ( even if Defendant Y's act satisfies the requirements of the composition of the assault, it is alleged that the victim first committed an assault against the defendant, and thus, constitutes a legitimate defense or legitimate act. However, in light of the degree and circumstances of the assault against the defendant, it is difficult to view the defendant's act as a passive resistance, and it does not constitute a legitimate defense or legitimate

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant Y: Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act.

arrow