(영문) 대전지방법원 홍성지원 2016.09.27 2015고단429

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) 대전지방법원 홍성지원 2016.09.27 2015고단429

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a member of the company working in Boan-si C, and is between the victim E (39 years) and the workplace club fee.

On April 5, 2015, from around 17:00 to 17:55 on the same day, the Defendant wishes to kill a fake (the total length of 21.5cm, 10.5cm) with two descendants, which is a dangerous object in the following bank, while the Defendant had a dispute over the victim with the victim, due to the victim's intention to boom the main bank, for the reason that the victim was in a brue of the main bank.

The term "referring to the difference between the two years of age," and the four years of age, and the four years of age, where a person who had attempted to keep out of the Republic of Korea, threatens the excess of the victim's items, and threatens to do so.

The term "influent assaulted the victim's face by drinking at the same time."

Summary of Evidence

1. Partial statement of the defendant;

1. According to the police statement protocol of E (the statement of each location detection response against E), it is recognized that the statement constitutes “when it is impossible to make a statement because it is unknown or due to any other similar cause” as prescribed in Article 314 of the Criminal Procedure Act. The evidence adopted by this court and examined is inconsistent with the contents and circumstances of the other statements, and it is proved that the statement was made in “ particularly reliable circumstances” beyond reasonable doubt.

As such, the above evidence is admissible in accordance with Article 314 of the Criminal Procedure Act.

1. A protocol of seizure and a list of seizure;

1. 112 Notification of the department related to the report of this case [the defendant and his defense counsel] asserts that the public prosecution of this case must be dismissed as agreed with the victim because there is no fact that the victim has abused the victim, but there is no fact that the victim has threatened the victim.

According to the evidence duly admitted by this court, the victim reported the case to 112 immediately after the defendant committed the crime.

유사 판례

-수원지방법원 성남지원 2013.05.22 2013고단688

-서울중앙지방법원 2017.06.12 2015고정3470

-서울중앙지방법원 2017.12.06 2017고정92

-서울중앙지방법원 2017.10.25 2016고정3268

-광주지방법원 해남지원 2018.09.20 2018고단246