(영문) 수원지방법원 여주지원 2013.05.27 2013고단35

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 여주지원 2013.05.27 2013고단35

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

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

Reasons

Punishment of the crime

At around 17:30 on December 1, 2012, the Defendant: (a) took a dispute over the boundary between the victim D (nex, 74 years of age) and the land; (b) stated that “I will come to her seat on the south land; (c) I will come to her seat; and (d) I would like to see the victim’s erobbbb; (c) in his hand, let the victim go beyond the floor by sprinking the ebbb; and (d) let the victim go back to the floor; and (e) I would like to sphere part of the victim’s ebbbbage, which is a dangerous object, 1m of the length of the dangerous object; and (e) again, let the victim kbling the ebbbbbbb, and sphere the victim’s sphere and sphere the part requiring treatment.”

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness D;

1. Photographs of the damaged part;

1. Determination on the assertion of the defendant and his/her defense counsel in the injury medical certificate

1. The alleged defendant did not look at the victim as a stick, and since the defendant is a Grade 1 of visual disability, he cannot be viewed as a dangerous object for the disabled.

2. First of all, in light of the following circumstances: (a) whether the defendant was unable to leave the victim by stick; and (b) whether each of the above evidence is found by the statement statement of D prepared by the judicial police assistant; (c) the victim is consistently stated from the police investigation to the court of law that the defendant left the victim's head by stick; (d) the victim was damaged the victim's head immediately after the defendant's assault was committed; and (e) it appears that there was no other circumstance that the above victim would have suffered injury to the head's head's head's head's part; and (e) the above victim's statement is credibility; and (e) there is no other circumstance that the defendant and the defense counsel's assertion on this part is rejected.

Next, since the defendant is the first degree of visual disability, it is dangerous to stick for the disabled.

유사 판례

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