logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.09.23 2015고단1514 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

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

Reasons

Punishment of the crime

On January 28, 2015, at around 21:30, the Defendant assaulted the victim’s breast at a “D” restaurant located in Daejeon Seosung-gu C, on the ground that the victim E (inn, 54 years of age) was required to drink alcohol and get out of the restaurant, which is a dangerous object, on the ground that he was asked to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Each police statement of E and F;

1. A written statement;

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Determination on the assertion by the Defendant and his defense counsel regarding discretionary mitigation under Articles 53 and 55(1)3 (hereinafter referred to as the following favorable circumstances) of the Criminal Act

1. At the time of this case, the Defendant only inflicted harm on the victim’s attitude by citing the rest of the table table, and did not intend to display the above table to the victim or to injure the victim.

2. The following circumstances revealed in light of the facts found by the evidence duly adopted and investigated by this court. ① The victim makes a consistent statement from the investigative agency to the investigation agency to the effect that the defendant sought from him/her by entering the above restaurant and attempted to display him/her and her to see him/her at the time of this case, and ② At the time of this case from the investigative agency to this court, the witness F also made a statement to the effect that he/she tried to do so by him/her is very urgent because it was judged that the defendant was a very urgent situation because he/she tried to leave him/her according to the direction of the above restaurant and let him/her go to the victim, and that he/she brought him/her out of the restaurant. ③ If the defendant attempted to do his/her own harm, he/she should do so by putting him/her on the back side of the restaurant and leading him/her to it outside the restaurant.

arrow