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(영문) 의정부지방법원 2015.09.09 2015고단2462

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 17:50 on June 14, 2015, the Defendant heard the phrase “D” from the victim F (Nam, 49 years old) who was a member of the same mountain conference as the Defendant, and followed the phrase “I will be too little to us without permission,” and assaulted the victim’s head once by taking the warning “D”, which is a dangerous object on the table of the above main point.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, and G;

1. Application of the Acts and subordinate statutes concerning violence, damage, on-site pictures;

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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence under Article 62(1) of the Act on the Suspension of Execution is to be imposed in the mitigated area (Habitual, Cumulative, and Special Violence) (4-1-2 months): The sentencing range compared with the sentencing range in which punishment is not to be imposed for six months or one year: (a) six months to one year; (b) six months; (c) one year to two months; (d) one year under the suspended sentence: A normal situation in which the defendant assaultss the victim as a dangerous offender: (d) the defendant is committed in all of the crimes in this case; (e) the victim is against himself; (e) the victim does not want to be punished; (g) the victim does not want to be punished; (g) the victim’s age, character and behavior, intelligence and environment; (g) the relationship with the victim; (g) the motive, means and consequence of the crime; and (g) other factors for sentencing under Article 51 of the Criminal Act, such as the following crimes.