(영문) 제주지방법원 2015.02.05 2014고단1462

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(영문) 제주지방법원 2015.02.05 2014고단1462

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for six 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

On December 27, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Jeju District Court on December 27, 2012, and two years of suspension of execution was finalized on January 4, 2013.

The defendant is neighboring's neighbor who resides in the same kind as the victim C(51). The mother of the defendant uses part of the land owned by the victim as a garden and the victim uses part of the land owned by the defendant's mother as a passage, and the victim brings a lawsuit to return the above garden to the mother of the defendant, which becomes worse with the victim.

1. Around 22:00 on September 22, 201, the Defendant assaulted the victim by taking part in the part of the victim’s house located in Jeju-si, namely, “C, dead, humb, humb,” and “if the lawsuit is not withdrawn, it shall be discarded without the withdrawal of the lawsuit,” and by taking part in the part of the victim’s house.

2. Around 12:00 on November 13, 201, the Defendant violated the Punishment of Violences, etc. Act (collective assaulting with a deadly weapon, etc.) stated, “I shall die without withdrawal of the lawsuit,” and the victim said, “I have known that I would have come to know, we would have to go off. I would like to go off. I would like to go off at now. I would like to put a sicker who was left in the lock container before the house warehouse, or boomed with the truck on which the Defendant was aboard, and continuously boomed the shoulderer, which is a dangerous object, on the part of the victim, while she had fladd with the truck on which the Defendant was aboard.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, E, and F;

1. Examination protocol of the accused by the prosecution (including the part in which the statement ofC is written);

1. Each police statement of C and E;

1. Inquiry reports, and application of court rulings and statutes;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 260 of the Criminal Act;

참조조문

-폭력행위 등 처벌에 관한 법률

-형법 제260조

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