beta
(영문) 수원지방법원 안산지원 2014.08.20 2014고단847

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six 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

On March 22, 2014, around 22:00, the Defendant, along with the victim D(53 years of age) and E, abused the dispute between the Defendant and E, and assaulted the victim by carrying the victim’s head with the victim’s disease who was on his/her customer.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to the photograph of a sentry;

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 (i.e., the fact that the instant assault is relatively minor in terms of degree and frequency, etc., the Defendant has no criminal record, and the fact that the Defendant acknowledges and reflects the error)

1. Article 62 (1) of the Criminal Act on the suspension of execution (Discretionary considered in discretionary mitigation);

1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,