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(영문) 의정부지방법원 고양지원 2012.11.09 2012고단1219

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to two years of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in order to support his/her High Court on September 22, 2011, and is still under probation, for which the said judgment became final and conclusive on September 30, 201.

【Criminal Facts】

At around 14:20 on August 18, 2012, the Defendant assaulted the victim at one time due to an empty disease, which is a dangerous object on the table table, under the influence of alcohol, after drinking alcohol together with the victim D (the age of 46) who is working at the Goyang-gu Seoul Metropolitan City Ccafeteria.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Photographs of damaged parts;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (the confirmation date, etc.);

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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are considered as favorable circumstances, such as the confession of the defendant, the fact that he/she agreed with the victim, the fact that he/she committed the above crime by contingency, the fact that he/she committed the above crime by contingency, and the fact that he/she was extremely inconvenient to move to class 2 of the cerebral disease disorder.

However, considering the fact that the defendant committed the crime of this case during the period of suspension of execution in the same past and in view of the fact that the minimum of the statutory penalty for the crime of this case is one year of imprisonment, it is inevitable to sentence imprisonment like the order even if mitigation is made against the defendant.

It is so decided as per Disposition for the above reasons.