beta
(영문) 서울동부지방법원 2015.01.22 2014고단3559

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for one year.

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 September 23, 2014, at around 18:20, the Defendant used a food blade (30cm in total length, 18cm in length) which is a dangerous object due to the fact that the E-Mat employee F was to act in a large sound from the front side of the E-Mat in Seongdong-gu Seoul, Seoul, and used a knife (18cm in length), while the victim G (41 years of age) was to take a cellular phone with the above knife, the Defendant knife the victim’s face by hand, and the escape knife the victim’s face, and knife the victim’s knife knife knife knife knife knife knife.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 260 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of the sentence recommended by the sentencing guidelines (decision of type), violent crimes, assault (decision of the recommended area), mitigated area (decision of the recommended area), April to February 12;

2. In light of the fact that the defendant, who was sentenced to punishment of the same kind of crime, committed the crime of this case even though he had been punished several times, the defendant should be punished strictly. However, the defendant is led to confession and reflect, the victim's serious result does not occur, the defendant's age, character and conduct, occupation, intelligence and environment, the motive and circumstance of the crime, the means and method of the crime, the circumstances after the crime, etc. shall be taken into account, and all other circumstances revealed in the arguments shall be determined as ordered.