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(영문) 창원지방법원 통영지원 2015.07.15 2015고단287

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

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.

Reasons

Criminal facts

At around 08:30 on November 17, 2014, the Defendant: (a) 17, 2014, 08:30 Mapo-dong Mapopo-ro, Mapopo-dong 30, Mapo-ro, Mapo-ro, and Mapo-ro, which came into physical fightings with the issue of the victim B (32 years of age) and debt guarantee; and (b) Mana-ro, which was a dangerous object located at the singcing of the office, committed assault by

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written agreement;

1. Application of statutes on photograph of Damage of this case

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 Criminal Act;

1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is mitigated (4 to 1.2 months), the area of mitigation (4 to 1.2 months), the area of punishment (including serious efforts to recover damage), or considerable damage has been recovered;

2. Determination of sentence - Determination of sentence - Unfavorable circumstances: A person who has committed violence against a victim due to a dangerous element, or committed a crime related to the same kind of violence;

(k) favorable circumstances: Violence, the point that the victim has agreed with, the point that it appears to be a contingent crime, and reflects it;

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, are taken into account, and the community service order is added with reflective and sexual reflection.