(영문) 서울서부지방법원 2015.11.26 2015고단2352

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2015.11.26 2015고단2352

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant came to know from the victim C (the age of 53) and from December 2014 to the customer in a singing room.

On September 13, 2015, the Defendant, around 16:40 on September 13, 2015, had sexual intercourse with the victim within the residence of the victim of Seodaemun-gu Seoul Seomun-gu Down-gu, Seoul, and the victim was her only in the future, but the Defendant refused it and continued to find the victim.

The victim, at the end of the above, brought the excessive knife (20cm in total length, 9cm in knife length) directly, which is a deadly weapon that had been kept in the kitchen at the entrance of the defendant, and brought the defendant to the hand of the defendant, and brought the victim, etc. back his body to the front of the defendant's body.

The victim, under such a situation, has brought the knife of the defendant's knife that is excessive knife with the knife's hand.

As a result, the defendant left a knife of the victim's knife by driving the knife of the victim's knife with the knife of the knife of the victim's knife with 10 times the part of the victim's knife with the knife, and the victim said that "fnife" was knife, the victim's knife with the part of the victim's knife with the knife of the victim

Accordingly, the defendant injured the victim by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. C Statement of prosecutorial and police statement concerning C;

1. Each photograph;

1. Application of the legislation in its opinion;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the circumstances, etc. considered as the following reasons for sentencing):

1. The suspended sentence is imposed under Article 62(1) of the Criminal Act (the following factors are considered as the reasons for sentencing).

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

유사 판례

-부산지방법원 2019.08.28 2019고단2649

-청주지방법원 2019.01.16 2018고단2956

-서울서부지방법원 2020.05.14 2020고단408

-부산지방법원 2015.12.22 2015고합599

-의정부지방법원 2013.11.08 2013고단3334