(영문) 서울북부지방법원 2015.11.25 2015고단2452

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자간(%)

(영문) 서울북부지방법원 2015.11.25 2015고단2452

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 13, 2015, the Defendant: (a) around 07:24, around the house of the victim C (n, 24 years of age) of Seongbuk-gu Seoul, Seongbuk-gu, Seoul, 602, the Defendant was unable to open the door and open the door for the reason that the victim was the her heading. (b) On the other hand, the Defendant was able to avoid disturbance; (c) the victim was receiving the fact that he was not able to prevent the Defendant.

Afterwards, the Defendant entered the victim's house, using two excessive materials (25 cm in length, 12.5 cm in length) which were dangerous in the kitchen, and forced the victim to be placed on the bed, and then placed the victim on the bed, and then “I wish to open the bed in the bed in the bed,” the Defendant knife three times in the bed, knife the victim’s knife in the bed, knife the victim’s knife, knife the victim’s knife by drinking, brought the victim’s knife (26 cm in length) which were dangerous things in the bed in the bed in the bed of the kitchen in the bed, and brought the victim into the bed (26 cm in length).

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographss and investigation reports attached to the assault-related document;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. The relevant legal provisions on criminal facts, Articles 261 and 260(1) of the Criminal Act regarding the choice of punishment, the reasons for sentencing of sentence [the scope of recommendation] / [the scope of punishment] the aggravated area (8 to 2 months) of punishment (8 to 4 months) / [the scope of punishment comparison between punishment and recommended punishment: August to 2 years / [the sentence] / the defendant merely set the victim on the ground that the victim was hedging, and set the knife and set the knife lease on the ground that he was the victim, and set the knife of the victim’s knife, etc., was bad, the victim did not want to face with the defendant any longer due to extreme shock, and the defendant did not agree with the victim, and the parent thickness.

참조조문

-형법 제260조 제1항

-형법 제261조

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