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(영문) 인천지방법원 2014.11.06 2014고단6734

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

피고인은 2014. 7. 24. 23:40경 인천 부평구 B아파트 6동 217호에서 처인 피해자 C(여, 26세)이 자신이 묻는 말에 답을 하지 않았다는 이유로 화가 나 손으로 피해자의 등을 수 회 때리고 피해자의 머리채를 잡아 바닥에 넘어지게 한 후 발로 피해자의 엉덩이를 걷어차고, 계속하여 부엌에 있던 위험한 물건인 칼을 들고 와 피해자의 얼굴에 들이댔다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

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. Article 62 (1) of the Criminal Act;

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

1. Persons who are not subject to punishment in the mitigated area (four months to one year) (four months and one year and two months) (special mitigation area) of Grade VI (Habitual, Cumulative, Habitual, and Special Violence) of the punishment according to the sentencing guidelines;

2. It is so decided as per Disposition by taking into account the following circumstances: (a) the victim who was sentenced to the sentence does not want the punishment; (b) the Defendant has no particular criminal history; (c) the Defendant has been divided in depth and shows the intent of correction by identifying the cause of his wrong behavior; and (d) the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime, etc