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(영문) 수원지방법원 안산지원 2014.12.17 2014고단2105

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

On July 10, 2014, around 22:50, the Defendant: (a) followed the “C” convenience store located in Ansan-si B, Ansan-si; (b) went through a dispute with the victim D (50 years of age) who is a workplace partner; (c) went through a dispute with the victim; and (d) 2 times the head of the victim; and (d) assaulted the victim by carrying dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on photographs of damage;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the injured party does not want punishment of the accused by the unanimous agreement; that the health and economic situation of the accused are not good; that of the accused; that of the accused’s reflectivity);

1. Article 62 (1) of the Criminal Act on the stay of execution (Considering repeated circumstances considered in discretionary mitigation, and considering the fact that the defendant has no criminal record);