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(영문) 수원지방법원 평택지원 2015.03.06 2015고단100

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

except that 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

피고인은 2015. 1. 8. 01:20경 평택시 B에 있는 C병원 앞 상호 불상의 국수 노점상에서, 그곳에서 국수를 먹고 있던 피해자 D(31세)가 피고인과 눈을 마주쳐 “뭘 보냐 ”라고 말하였다는 이유로 화가 나, 그 옆에 있던 위험한 물건인 깨어진 형광등(길이 약 1.2m)를 들고 피해자의 어깨 부위를 때리고, 옆구리 부위를 수회 찔러 피해자를 폭행하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of the statutes governing the case-related 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Where the mitigation area (a person who has been subject to special mitigation) [4-1-2 months] of the mitigated area (a person who has been subject to special mitigation] of punishment (including a serious effort to recover damage) or considerable damage (a decision of sentence] the method of the crime of this case is very dangerous, and the defendant has the record of being punished for the same kind of mistake may be considered as disadvantageous circumstances. However, the defendant seems to have the attitude of reflecting himself/herself as to recognizing the facts charged of this case, the fact that the defendant has agreed smoothly with the victim, and other various circumstances shown in the records, such as the defendant's age, character and behavior, family environment, etc., are considered as the disposition of this case.