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(영문) 수원지방법원 안산지원 2014.10.28 2014고단1848

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 February 8, 2014, the Defendant: (a) around 22:10 on February 22, 2014, around 22:10, the Defendant took one time the head of the victim due to beer’s disease, which is a dangerous thing for the victim, while drinking alcohol together with the victim E (the victim’s age 41).

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for sentencing following the suspended sentence) include the following: (a) the facts that the instant case is not less complicated; (b) the accused’s records of violent crimes are several times; (c) the accused reflects the accused’s mistake; (d) the agreement between the victim’s family members (at the time of the agreement, the victim may be married to the sick); (c) there is no penalty power other than a fine; (d) the Defendant’s family situation and health conditions; and (e) all other sentencing conditions as shown in the instant pleadings