(영문) 전주지방법원 2014.06.12 2014고단493

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(영문) 전주지방법원 2014.06.12 2014고단493

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 of the final judgment.

Reasons

Criminal facts

The defendant and the victim C are the difference between the defendant and the victim, together with the employee, from E in So-jin-gu Seoul Metropolitan Government D.

At around 02:30 on March 13, 2014, the Defendant returned to the fourth floor of the building E above, and told the victim of the defect that she was in the influence of alcohol to “slickly damaged the victim,” and the victim saw the Defendant and slicked her eye, thereby bringing about a dispute with the victim.

Accordingly, the Defendant, who was suffering from the scam, scam, which is a dangerous object in the lodging room, moved the victim's chest to the ward one time, moved to the ward six times a week the face part of the victim's flick, again flick-in disease, which is a dangerous object to attract the victim to the entrance, flick-in disease, flick-in disease one time the head of the victim's head, flick-in disease, and flick-in disease with the head and head of the victim's head, and flick-in disease with another flick-in disease.

As a result, the Defendant inflicted injury on the victim by putting the victim with one scam, one scam, three scam, and three scam-and-one scam, which are dangerous things, such as cerebral scams and losses, which require two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation protocol of the police officer against C and statement of the police officer against F;

1. Each investigation report and evidential materials attached thereto;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the circumstances favorable to the defendant, such as the fact that the defendant made a confession of the crime in this case and reflects in depth the mistake, etc.);

1. Article 62(1) of the Criminal Act does not focus on the result of damage, and the defendant is the only victim.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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