(영문) 대구지방법원 2013.04.11 2012고단3619

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자간(%)

(영문) 대구지방법원 2013.04.11 2012고단3619

폭행치상

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On March 17, 2012, the Defendant: (a) around 23:00 on March 23, 2012, the victim D (68 years of age) who d(68) who d(68 years of age) had drinking together had the victim take a bath against the Defendant; (b) the victim under the influence of alcohol once her knife with her hand by her shock, caused the victim to face the head of the relevant stairs, thereby causing the victim to suffer from injury, such as cerebral cerebrovassis and cerebral ties.

Summary of Evidence

1. Each legal statement of the defendant, E, and F;

1. Police suspect interrogation protocol of the accused;

1. A written statement of G and E;

1. A medical certificate;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Criminal Act and Articles 262 and 257 (1) of the Criminal Act concerning the choice of punishment;

1. Although the defendant's liability for sentencing under Article 62 (1) of the Act on the Suspension of Execution is not minor, in light of the following facts: while the defendant was deprived of her will in good faith, the victim's assault in this case was committed while the defendant was deprived of her will against the defendant; the victim's loss of balanced sense in the state of her will would have affected the occurrence of the result of the injury in this case; and the defendant has no previous conviction except once a fine, etc., the punishment shall be determined like the order.

Judgment on Defendant’s argument

1. The defendant's assertion that the defendant's act was not caused by the defendant's act while the defendant and E had the victim under the influence of alcohol, and that the defendant's arms did not go beyond the body of the victim who was deprived of the body and did not go beyond the body of the victim.

2. The following circumstances, which are acknowledged by the evidence duly adopted and completed the investigation in this court, i.e., the victim, in the course of leaving a restaurant by cutting the victim who was taken by the defendant together with the defendant, was at the time of the victim's booming the defendant, and the defendant was at the time of the victim's bucking, and the victim's bucking.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

-형법 제262조

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