폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a resident of the B apartment in Seoul Special Metropolitan City, Nowon-gu, and the victim C (the South and the age of 63) is a security guard of the above apartment.
At around 19:40 on December 26, 2014, the Defendant was running SM5 car at the entrance of the apartment house, on the ground that the victim did not immediately raise the blocking machine.
Accordingly, the Defendant expressed the victim’s desire to “the victim’s kise, day immediately,” and when the victim confirms whether he is an apartment vehicle in front of the Defendant’s vehicle, driving the said vehicle in front of the Defendant, thereby putting the victim’s bridge up on the floor with the front part of the vehicle, and continuously getting off the vehicle from the vehicle to the victim’s hand.
In this respect, the defendant carried dangerous objects and assaulted the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s legal statement;
1. A protocol concerning the examination of partially the accused by the prosecution (including part concerning C statement);
1. Application of Acts and subordinate statutes to investigation reports (Attachment of CD images);
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is very poor in the sense that the defendant, an apartment security guard, made an inhuman desire for the victim, who is an apartment security guard, and got the victim's bridge and pushed the victim's hand by hand, etc., even though he/she was pushed down with the victim, the crime is extremely poor in that he/she made a extreme vindication that the victim was not guilty
However, the punishment as ordered shall be determined by taking into account the following circumstances as shown in the arguments of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., as well as the fact that the Defendant has no record of criminal punishment other than once a fine for dual type, the victim’s wife against the Defendant is agreed upon with the victim, and the Defendant