logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.08.25 2015노1450
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Legal principles are not "hazardous things" under Article 3 (1) of the Punishment of Violences, etc. Act, which are alinium stick used by the defendant.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Determination on the assertion of legal principles as to the assertion of facts. “Dangerous articles” under Article 3(1) of the Punishment of Violences, etc. Act includes all articles that can be widely used to inflict harm on human life and body even if they are not deadly weapons. Thus, not only the articles made for the original purpose of killing and destroying, but also the articles made for other purposes are “hazardous articles” under the above provision if they are used to inflict harm on human life and body (see, e.g., Supreme Court Decision 97Do597, May 30, 197). Whether “Dangerous articles” under the above provision constitutes “Dangerous articles” should be determined based on whether the other party or third party may cause harm to human life or body (see, e.g., Supreme Court Decisions 2014Do1894, Jun. 12, 2014; 2005Do274, May 15, 2008).

B. As to the assertion on unfair sentencing, the Defendant is a dangerous aluminium stick, which is a dangerous thing.

arrow