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(영문) 의정부지방법원 2014.09.30 2014고단1621

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 May 23, 2014, at around 20:15, the Defendant, at the end of the 'D' package in Kuri-si, Dari-si, said that the victim E (53 years of age) who drinked alcoholic beverages at the seat next to the Defendant’s day-to-day, said that he would smoke to the Defendant’s day-to-day, boomed the two knick, boomed the shoulderer’s disease, which is a dangerous object, with the Defendant’s hand, boomed the victim several times, boomed the victim’s flick, bucking the flick, pling the flick, and pling the arms.

In this respect, the defendant carried a shoulderer's disease, which is a dangerous thing, and assaults the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of statutes, such as site photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 260 (1) of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No basic area (6 months to 10 months), basic area (6 months to 10 months), [6 months to 10 months] [6 months]] of the Social Service Order Act] [decision of sentence] Defendant has no criminal records of the same kind, and Defendant committed the instant crime contingently, even in light of the fact that Defendant committed the instant crime, it is not good that Defendant’s criminal law is dangerous and dangerous.

No damage recovery has been made to the victim, and no agreement has been reached.

On the other hand, a suspended sentence was imposed in consideration of the fact that the defendant has no criminal records of punishment heavier than that of the suspended sentence, the fact that the defendant repents and reflects his/her misconduct, and the time was given to return to the defendant in addition to community service work.

In addition, all other circumstances, such as the age, character, conduct and environment of the defendant, the background and motive leading to the crime of this case, and the circumstances before and after the crime of this case, which are conditions for sentencing as shown in the records and arguments, shall be determined as ordered.