logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.12.26 2013고단7883
상해
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, and imprisonment with prison labor for one year and six months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. On October 19, 2013, the Defendant: (a) 19:00 on the street in front of the “F cafeteria” located in Ma, Defendant A, on the ground that the Victim B (year 51) and the Victim B (year 51) were mixd while drinking alcohol, and the Victim marbed without any bruction, etc. on the ground that the Defendant her drinking was boomed by drinking, and she was boomed into the floor when she was boomed into the floor when she was boomed into the floor when she was boomed into the victim’s boom; (b) divided the victim’s boom by taking the victim’

2. 피고인 B 피고인은 전항 일시 및 장소에서 위와 같이 폭행을 당하게 되자 이에 대항하여 근처 피고인이 운영하는 ‘G세탁소’에서 흉기인 과도를 들고 나와 피해자 A(55세)에게 찌르는 시늉을 하면서 위협하다가 칼을 빼앗기 위해 달려드는 피해자의 우측 가슴부위를 1회 찔러 치료일수 미상의 우측 가슴 열상을 가하였다.

Summary of Evidence

1. Defendants’ legal statement

1. Each suspect interrogation protocol against the Defendants

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes governing body photographs;

1. Relevant Article 257(1) of the Criminal Act and Article 257(1) A: Defendant B: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act;

1. Discretionary mitigation of Defendant B: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1548, Jan. 2, 2007);

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (In the case of Defendant A, the confessions and reflects on the crime, the degree of injury of the victim is not much severe, and the circumstances mentioned above are repeated in the case of Defendant B);

1. Confiscation Defendant B: Article 48(1) of the Criminal Act;

arrow