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(영문) 인천지방법원 2015.10.22 2014고단8350

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six 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 April 29, 2014, the Defendant was sentenced to imprisonment with prison labor for not less than 8 months for violating the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Gwangju District Court, and the judgment became final and conclusive on May 8, 2014.

At around 15:00 on February 7, 2014, the Defendant: (a) demanded the victim E (the 36-year old-old-old-gu Incheon) who is a female living together in the office and house in Jung-gu Incheon Metropolitan City (the 36-year-old-old-gu Office) to “the head of money is lost; (b)” and used the victim’s hand floor, such as bucking the victim’s scam with scam, scambling with iron agents; and (c) scambling the iron bars, which are dangerous things in the place, with

Summary of Evidence

1. The defendant's legal statement (the statement on the 9th trial date);

1. Legal statement of witness E;

1. Previous convictions indicated in the judgment: Criminal records, references to criminal records (A), one copy of the case standing inquiry, and the application of Acts and subordinate statutes of one written judgment;

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. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The fact that there is a very high risk of committing the instant crime for sentencing under Article 62-2 of the Criminal Act, although there is no same record, one time of suspended sentence and seven times of fine, the fact that there is an agreement with the victim, the fact that the victim recognizes and reflects the crime, and the punishment is determined as ordered in consideration of equity with the case that was sentenced simultaneously with the final and conclusive judgment, Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, etc.