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(영문) 창원지방법원 통영지원 2014.08.21 2014고단41

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 December 8, 2013, the Defendant had been living together with the Defendant and the victim C (the age of 18) of the B building No. 301 of the B building at the time of 18:15 on December 18, 2013, and the victim had been suffering from a dispute with the victim due to gas costs.

Accordingly, the Defendant broken a call-in disease, which has been glassed, into the wall, and broken the shoulder-in disease, which is an object dangerous by a sloping hand, and laid down the shoulder of the victim who was seated with a left hand.

이어서 피고인은 위 콜라병을 피해자의 얼굴 부위에 들이대며 “죽을래, 개새끼야!”라고 욕을 하고, 피해자의 배를 오른발로 1회 걷어찼다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to broken-out photographs;

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 (see, e.g., that the victim does not want the punishment of the defendant by mutual consent with the victim only, and that the defendant does not have any criminal record other than the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] When the mitigated area (including four months to one year), the mitigated area (including efforts to recover damage), the punishment is mitigated (including special mitigation), or considerable damage (the decision of sentence] of the defendant under the mutual consent between the victim and the defendant (the decision of sentence), the victim does not want the punishment of the defendant, and the defendant does not have any criminal record other than the fine, the defendant's depth and behavior, the defendant's age, character and behavior, environment, motive for committing the crime, and circumstances after committing the crime, etc. are recorded in the records.