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(영문) 춘천지방법원 2013.09.12 2013고단673

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

The defendant is a person who works in a building site.

On June 19, 2013, at around 06:23, the Defendant used the victim D (the aged 55) who worked together with the head of the team at the construction site, as one hand, on the ground that the victim D (the aged 55) was not paid wages properly to the Defendant, which is a dangerous object from chemical (the length of 45 cm) and used the victim as another hand, to “be dead,” and used the victim’s breath in a dub, and used the victim’s dub, thereby breaking it.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol prepared by the police as to D;

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. 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 (see the following reasons for sentencing)

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act for forfeiture [decision of a sentence] violent crime, assault crime, Type 1 (Specially Convicted Person]: Penalty not, deadly Weapons and other dangerous articles carried with him/her, and committing a crime [decision of the area of recommendation] basic area (decision of the area of recommendation], and standards for suspension of execution of imprisonment for not less than 2 months and not more than 10 months];

1. Major reasons for entry: A crime by carrying a deadly weapon or other dangerous articles with him/her, and a person not subject to punishment;

2. Reasons for writing in general: At least two times of suspension of execution, previous convictions, strong reflects (decision of sentence) (decision of convictions) are divided and reflected in the Defendant’s criminal act in this case; the degree of assault is relatively minor; the victim does not want criminal punishment against the Defendant by mutual consent with the victim; the relationship between the Defendant and the victim; the background leading up to the instant criminal act; the Defendant’s age, character and conduct, and environment; and various sentencing conditions specified in the arguments in this case, such as the background leading up to the instant criminal act; the Defendant’s age; and