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(영문) 의정부지방법원 고양지원 2014.04.25 2014고단127

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:30 on November 13, 2013, the Defendant found the victim D(50 years of age) under the influence of alcohol and opened the door, and entered the door of the victim on several occasions, and entered the body of the victim, “it is necessary for the victim to live immediately,” and “it is necessary for the victim to live immediately,” and she saw the body of the victim, which is a dangerous object, by the autopsy ( approximately 130cm in length). On the other hand, on one occasion, the Defendant saw the upper left part of the victim’s body, and displayed the above neck on one side the body of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the D public prosecutor’s preparation;

1. Investigation report (report on confirmation of the contents of telephone conversations conducted by shootingers E);

1. Application of Acts and subordinate statutes on the scene of violence, scam pictures, scam photographs, and scene photographs of victims;

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. Article 62 (1) of the Criminal Act;

1. Sentencing guidelines for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing: Violence, assault, and Type 6 (Special Violence) are consistent in the defense that the defendant in June to October of the basic area of crime, assault, and Type 6 (Special Violence) are rational, and the defendant has been punished several times for committing violent crimes, the method and degree of exercising force in this case, and other types of punishment like the order shall be determined by comprehensively taking into account the methods and degree of exercising force in this case, the age of the defendant, character and conduct, family relationship,