logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.03.25 2014고단2898
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

【Criminal Power】 On April 5, 2013, the Defendant was sentenced to one year and six months of imprisonment for habitual fraud at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and completed the execution of the sentence in the one-year prison of the North North Korean defectors on February 15, 2014.

【Criminal Facts of Crimes】 On July 26, 2014, around 09:32, the Defendant collected the bricks, which are dangerous articles around the victim and Si expenses, and put the victim into two parts of the number of days of treatment for the victim, on the ground that the Defendant was under drinking together with the victim E (ma, 42 years of age) in front of the “D” located in Dongdaemun-gu Seoul Metropolitan Government, and the Defendant was under drinking together with the victim E, and the Defendant was under drinking again.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Walls and photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (A repeated crimes and confirmations) Acts and subordinate statutes;

1. The defendant's defense counsel argues that "the brick is not a thing produced for the purpose of human life, such as guns or swords, but a thing produced for the purpose of human life, such as a knife or knife, and it cannot be viewed as a dangerous thing under Article 3 (1) of the Punishment of Violences, etc. Act, since it is difficult to view it as a thing causing harm to human body by nature, such as knife or knife, and it cannot be viewed as a dangerous thing under Article 3 (1) of the Punishment of Violences, etc. Act."

The dangerous articles under Article 3(1) of the Punishment of Murder and Violences, etc. Act include all articles that can be widely used to injure human life and body, even though they are not deadly weapons. Thus, not only those made for the purpose of killing and destroying but also those made for other purposes, if they are used to injure human life and body, they shall be deemed dangerous articles under the above provision. Whether they constitute dangerous articles under the above provision shall be determined in light of social norms in specific cases.

arrow