폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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.
Punishment of the crime
The defendant is a victim C (math, 19 years of age) and a female related person.
1. Around 00:10 on February 22, 2015, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) collected a mountain ( approximately 93 cm in length), which is a dangerous object located adjacent to the entrance and exit of the entrance and exit of the victim, on the ground that the victim C acted without any example, by making telephone conversations with himself/herself at his/her own residential area located in 5 101 Dong-Ba, Seo-gu, Incheon, Seo-gu, and 101.
Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.
2. 공무집행방해 피고인은 전항과 같은 날 00:20경 전항의 자신의 주거지 안에서 112 신고를 받고 출동한 인천서부경찰서 E파출소 소속 경찰공무원 F이 자신의 행동을 제지하자 화가 나 F에게 ‘미친놈들아. 내가 너네보다 나이가 많은데 어디를 잡느냐. 너네 이러면 다 죽여버리겠다.’고 말하면서 그 곳 바닥에 누운 상태로 발로 F의 배 부위를 3회 걷어찼다.
Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning investigation and maintenance of order.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to F, C, G, and H;
1. Application of Acts and subordinate statutes governing seized articles;
1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 260 (1) of the Criminal Act (the occupation of a deadly weapon) and Article 136 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act ( normal consideration considered favorable to the reasons for sentencing as follows);
1. The reason for sentencing under Article 48(1)1 of the Criminal Code recognizes the defendant as committing a crime, and his/her mistake is divided in depth, and violence is committed.