logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.12.10 2014고단1295
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 and the victim C are between the workplace rent of the D Construction Company and the victim.

At around 17:00 on October 11, 2013, the Defendant assaulted the victim's arms and parts, such as the victim's left arms, on two occasions, in front of the maintenance phase of D Construction Company in E in the Namyang-si, the Defendant, who was in dispute with the victim about the maintenance phase of D Construction Company in front of the repair phase of D Construction Company in E, and the face of the victim one time due to drinking, and the victim committed assault on two occasions by the victim's arms and parts, such as his arms, etc.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Application of Acts and subordinate statutes concerning field video recording;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

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

1. The defendant and his defense counsel's assertion on Article 62 (1) of the suspended execution of the Criminal Act asserted that the crime of this case was not committed self-defense since the victim prices the upper part of the upper part of the upper part of the left part of the elbbow with a 30 cm-packer while taking a bath against the defendant, and continued to threaten the defendant and defend him. However, C took a bath against the defendant, but C expressed that the defendant was not taken out due to a 30 cm-packer, and even according to the defendant's accusation and the defendant's statement at the police station, even according to the defendant's accusation and the defendant's statement at the police station, it cannot be deemed that the victim took out the month to avoid the month, and the victim purchased the defendant with a mond-packer.

In addition, even though the defendant and the victim left outside to rap one another and the victim did not possess dangerous objects, the defendant first fighted the victim with food, and made the fighting between them.

arrow