beta
(영문) 수원지방법원 2015.12.09 2015고단4345

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 1, 2015, the Defendant, at the station of “C” located in Osan City B on September 21, 2015, assaulted the victim D(34 years of age) who is a subsequent ship of the same club and her talks about the operation of the club while having talked about the operation of the club, and was in favor of the Defendant, which was a dangerous thing used by the Defendant’s descendants, with the head of the victim’s head, and with the left hand, with the beer knick, and with the beer knife of the dangerous thing, by carrying the beer knife at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Written statement of D police;

1. Application of the Acts and subordinate statutes governing the victim's portrait photographs and video CDs;

1. Relevant Articles 261 and 260 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and community service order is that the defendant, even before being punished 5-6 times due to violent crimes, has no record of being punished 5-6 times as well as that of this case, has committed a crime of cryping the victim's head with a beer and dangerous object, and such crime is bad.

However, it is decided as above in light of all the grounds for sentencing, such as the fact that the victim has not been significantly different, the fact that the defendant was unable to refrain from appraising while drinking together with the victim and there are circumstances that can be considered in the motive in considering the crime of this case.