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(영문) 수원지방법원 안양지원 2015.08.13 2015고단748

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 became final and conclusive.

Reasons

Punishment of the crime

At around 17:30 on January 26, 2015, the Defendant assaulted the victim’s left part at one time by inserting the Defendant’s phone number on the street “D” in front of “D” located in the Manan-gu, Manan-si, Annyang-si, Annyang-si, on the ground that the victim E (n.e., women and 55 years of age) purchased from the Defendant on the ground that the 2nd anniversary of the 17:30th of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 5th of the 2nd of the 2nd of the 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Investigation report (number 1), investigation report (teleline 6);

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photographs inserted by the suspect in use of violence;

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. The defendant's crime of this case with the reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as "the crime of this case") is not less complicated than that of violation of the Punishment of Violences, etc. Act, which is not punishable by imprisonment with prison labor, since the risk of the crime of this case constitutes a crime of violation of the Act on the Punishment of Violences

It is an unfavorable circumstance that uses violence against female victims, did not receive a letter from victims, and did not recover from damage, and the defendant seems to have committed contingent crimes, such as old and long-term violence fine, absence of criminal records, and the fact that the defendant is recognized as a whole of the crimes.

In this context, based on the sentencing precedents of the same case as the previous sentence of the prosecutor (two years of suspended sentence in September) and the sentencing cases of the same kind of case as the previous sentence of the prosecutor, the circumstances that form the conditions for sentencing specified in the arguments and records of this case shall be determined as ordered and the execution