beta
(영문) 수원지방법원 안양지원 2014.07.10 2014고단453

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

However, 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

At around 10:40 on July 21, 2013, the Defendant used the knife (29cm in total length, 17cm in knife length) of a deadly weapon (17cm in knife length) taken by the victim C (the knife, 44 years old) who was de facto in a de facto marital relationship in front of the arm's length of the Sinpo-dong, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si on his hand on his hand on the ground that he she was staying outside.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of blades;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act include the knife, which is a dangerous object, and assaults the victim in the plaza.

However, considering the following facts: (a) the Defendant has long been subject to no other criminal records than once prior to the previous punishment; (b) the Defendant appears to have committed an inappropriate act during his/her stay; (c) the Defendant led to his/her confession and divided his/her mistake; (d) the instant case was dealt with as a home protection case and was prosecuted due to the Defendant’s failure to contact with the consulting agency; and (e) the victim was unaware of whether he/she would be at issue; and (e) expressed his/her intention not to have his/her punishment against the Defendant and expressed his/her intention to maintain relationship.

The defendant's age, character and behavior, environment, and victim are taken into account the results of the judgment before the probation office based on the sentence of the same case as imprisonment with labor of the prosecutor (one year).