logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.03.11 2015고단48
폭력행위등처벌에관한법률위반(집단ㆍ흉기등감금)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant reported that the Victim C (year 16) posted “Isber Knowledge” on the Internet website of “Isber Knowledge” and contacted the victim with the victim, and first met.

1. Around 15:00 on December 24, 2014, the Defendant, at the home of the Defendant (Seoul Seongdong-gu and 301) of Seongdong-gu Seoul, Da and 301, took one time against the victim on the ground that, while drinking together with the victim, the Defendant her aged son son son son son son son son.

Accordingly, the defendant assaulted the victim.

2. The Defendant violated the Punishment of Violences, etc. Act (so-called collective confinement with deadly weapons, etc.), around 17:00 on the same day, stated the victim's appearance to get a house of the Defendant at the same place as Paragraph (1) and stated that "I would like to get a scam or refuse to do so. I would have to do so." The Defendant continued to use a knife (total 35 cm, 22 cm in knife) which is dangerous things in the kitchen, and "I would get off the house if we find a way to get a house, I would like to find a way to get off the house, and I would like to find a way to get off the house for about 1:30 minutes from that day to 18:30 on the same day."

Accordingly, the Defendant, while carrying a deadly weapon, detained the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation (a list of 112 reported cases);

1. Application of the existing Acts and subordinate statutes of one seized knife (No. 1);

1. Article 260 (1) of the Criminal Act that applies to the crime, Article 260 (1) of the choice of punishment, Article 3 (1) and Article 2 (1) 2 of the Punishment of Violences, etc. Act, Article 276 (1) of the Criminal Act, and Article 276 (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act.

arrow