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(영문) 인천지방법원 2013.08.29 2013고단4557

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for six months.

However, 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 00:35 on 00:07. 07. 00. 00:35, the Defendant arrested a flagrant offender on the grounds that he assaulted the Victim C (the age of 55) at the Criminal Department of the Yeonsu-gu Incheon Training Police Station, and assaulted the Victim C by gathering the suspected person, who is a dangerous object in such place, on the ground that the victim was investigated and satisfyed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the photographic 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 that the defendant assaultss the victim, arrested him as a flagrant offender, and assaults again the victim who was investigated at a police station after being arrested as a flagrant offender, and the nature of the crime is very poor, but it appears that the defendant confessions the defendant, and repents the wrong facts. The victim does not want the punishment of the defendant due to the agreement with the victim, and the victim does not have any criminal record exceeding the fine after the criminal conviction due to the violation of the Road Traffic Act was committed in around 190, the punishment shall be determined in consideration of the circumstances after the crime, the motive and circumstance leading to the crime in this case, the age, character and conduct of the defendant, and family environment, etc.

Public Prosecution Rejection Parts

1. Around 22:25 on July 2013, 2013, the Defendant: (a) obstructed the operation of the taxi by the victim, such as blocking the operation of the taxi without any justifiable reason while getting out of the taxi operated by the victim C (the age of 55) and getting out of the taxi at the destination of the taxi operated by the victim C (the age of 55) and blocking the operation of the taxi; (b) the victim reported to the police to the police; and (c) the victim threatened the victim with getting out of the safety of the victim; and (d) assaulted the victim’s chest by hand.

2. Determination.