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(영문) 인천지방법원 2015.10.08 2015고단5382

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 9, 2015, at around 06:20, the Defendant requested the victim E (the aged 56) who flick D and alcohol to jointly drink and drink together on the way ahead of the C convenience point in Nam-gu Incheon Metropolitan City, Nam-gu. However, as the Defendant was refused from the victim, the Defendant flicked the victim’s head by a small-scale illness, which is a dangerous object that he was the consignee.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes on site photographs;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. A suspended sentence under Article 62(1) of the Criminal Act has high risk of committing a crime on the grounds of sentencing (including three times of violence), five times of a fine (including three times of violence). However, there is no criminal record after May 14, 2002; the victim does not want the punishment; the victim recognizes and reflects the crime; other degree of damage, Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime; and circumstances after the instant crime, etc. shall be determined as ordered.