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(영문) 의정부지방법원 2013.07.18 2013고단1710

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 became final and conclusive.

Reasons

Punishment of the crime

At around 01:40 on May 21, 2013, the Defendant told the victim E (the 27 years of age) to the effect that “the victim would not live together with the width,” while drinking alcohol together with the victim E (the 27 years of age), cut off the disease by cutting off the sprink and cutting off the sprink, and assaulted the victim with the spicker’s disease, which is an object dangerous to the part of the victim’s wood.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of field photographs, suspects, victim photographs-related Acts and subordinate statutes;

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 reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing") is that the crime of this case was committed on the grounds of sentencing under Article 62(1) of the Suspension of Execution Act, which could have caused a serious risk to a female victim. However, there is room for strict punishment. However, the victim is using the defendant as well as restoring the defendant to one another in a smooth relationship with each other, contingent crimes, and there is no particular injury to the victim.