(영문) 서울서부지방법원 2019.10.23 2018고단2387

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2019.10.23 2018고단2387

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, through the Defendant’s pet, was aware of the victim B (the age of 55) and that the victim was suffering from her child’s disease, after hearing the litigation that the Defendant said that her mother was “the her mother was suffering from her child’s disease.” The Defendant was suffering from her child’s religion.

On July 9, 2018, the defendant around 17:20, at the D'D' restaurant located in Eunpyeong-gu Seoul Metropolitan Government on July 17:20, the defendant set up a knife (33 cm in total length, 21 cm in knife) a knife, which is a dangerous object, on the newspaper, on the front knife that the victim was seated, "the knife has a knife, knife", "the knife", "the knife has knife, knife knife", and continuously put the victim's knife on the floor one time after knife of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. The police seizure record and the list of seizure;

1. On-site photographs and blade photographs;

1. 112 Application of Acts and subordinate statutes governing the details of report;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. For the reason of sentencing under Article 48 (1) 1 of the Criminal Act, the crime of this case is committed with a knife that is a dangerous article of the defendant, and the crime of this case is minor.

However, the sentencing conditions shown in the records and arguments of this case, including the fact that the defendant is attempting to commit a crime, the fact that the victim does not want the punishment of the defendant, the fact that there is no record of crime exceeding the fine, and the defendant's age, character and conduct, environment, motive, background, means and consequence of the crime, etc., shall be determined as ordered by taking into

참조조문

유사 판례

-대구지방법원 포항지원 2016.12.22 2016고단1126

-전주지방법원 2017.08.25 2017고합44

-수원지방법원 평택지원 2016.09.01 2016고단1263

-부산지방법원 서부지원 2020.03.04 2019고단1504 (1)

-전주지방법원 군산지원 2014.10.15 2014고단837