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(영문) 수원지방법원 2014.07.25 2014고단3131

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

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.

Reasons

Punishment of the crime

At around 04:00 on May 17, 2014, the Defendant reported that the former female-friendly job offer C, as the victim D(30 years of age), took place on May 17, 2014. The Defendant, “C, who is a man-child, shall be a male-child with the victim.” Whether the male-child address was known or not, or whether he was unaware of whether he was aware of whether he was a male-child or not, and the Defendant 3-4 times displayed the kitchen (20cm length of the kitchen) which is a dangerous thing in the kitchen while she was living together with the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Six months to fifteen years; and

2. The scope of the recommended sentence for the sentencing guidelines [decision of types] the scope of the recommended sentence for the sentencing guidelines, and the scope of the recommended sentence] the basic area of violent crime group-special intimidation (determination of the recommended area and the scope of the recommended sentence] (two months to one year and six months): None of

3. The sentence shall be determined as ordered within the scope of recommendation, taking into account the fact that the defendant, who has been under the influence of alcohol, committed a crime in this case, committed a mistake at present, and has no record of punishment for violent crimes, etc.