(영문) 청주지방법원 2018.10.25 2018고단1598

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Reasons

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줄 간격

자간(%)

(영문) 청주지방법원 2018.10.25 2018고단1598

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The defendant and the victim C ( South, 27 years old) are between regions, and the defendant and the victim are persons with disabilities of grade 3 with intellectual disability.

B thought that he was punished by assaulting the victim before December 23:00 on or before December 12, 2017, he thought that he had been punished by assaulting the victim, and sentenced the defendant to mixedly deliver the victim, and call the victim to the defendant, and the defendant Eul in the Gun, working as an employee, was moving the victim from the FPC room near the above main point to the above E main point.

B From 00:00 on December 13, 2017 to 02:00 on the same day, from the same day, the Defendant and B made up 15 parts of the victim’s sprinks using the victim’s sprinks and sprinks as soon as the victim’s sprinks and sprinks entered the main points. The victim’s sprinks and sprinks are 15 times, and the victim’s sprinks and sprinks are 5 times, and the Defendant continued to sprinks and sprinks by continuously suggesting that the victim’s sprinks and sprinks are suitable for those who emitted less than those of the victim’s sprinks.

As a result, the defendant and B jointly carried out a broad area of bridge that requires approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. A medical certificate;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a certificate of victim C disabled person) and a certificate of disabled person;

1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 2 of the Act on the Selection of Punishment of Violences, etc., Article 257 (1) of the Criminal Act, the grounds for imposing sentence of imprisonment or an selective sentence;

1. A victim who is vulnerable to the crime, such as the motive of the crime (excluding four types), in the area of special aggravation (from June to March) (excluding special aggravation) of the sentencing criteria [the scope of recommended punishment] general injury; the victim who is vulnerable to the crime;

2. The conditions under which the sentence of sentence is rendered, as well as the age of the Defendants.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항 제3호

-형법 제257조 제1항

유사 판례

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