logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.08.04 2015고단402
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(52 years of age) are Chinese nationality corporate dynamics.

The defendant has been dissatisfied with the defendant's complaint that the victim prevented the defendant from taking the scambling in the common room of the company's dormitory.

1. On December 20, 2014, around 23:50, the injured Defendant: (a) at the second floor of the E-factory dormitory in Kimhae-si, Kimhae-si, the second floor of the E-factory dormitory; (b) on the ground that he was taking the examination of the victim against the other company members, and (c) caused the victim to damage the victim’s brupt by pushing the lower part of the victim’s brush to the dormitory, and caused the victim to go beyond the dormitory room, thereby causing about 14 days of treatment.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) and at the same time and place as set forth in paragraph (1) of the same Article, she collected a kitchen, which is a deadly weapon (18cc in total length, 30cc and 18ccm in knife length) of the above dormitory, and threatened the victim by stating that the victim will die.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C and the legal statement of the witness F in part;

1. A protocol of partial police interrogation of the accused;

1. Statement to C by the police;

1. Voluntary report on the person suspected of the assault;

1. Photographs of criminal tools;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning the crime;

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

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

1. Article 62(1) of the Criminal Act provides for the reasons for the sentencing of Article 62(1) of the suspended sentence and Article 62(1) of the Criminal Act: The second crime that has no basic area (6 to 16 months) (6 months).

arrow