beta
(영문) 서울중앙지방법원 2016.04.07 2014고단1136

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

1. The defendant shall be punished by imprisonment for six months;

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

2...

Reasons

Punishment of the crime

On February 12, 2014, at around 15:00, the Defendant sought to find out Cudio 105 residing by the Defendant in Gwanak-gu in Seoul Special Metropolitan City, and the victim D (n, 71 years of age) who is the studio the above studio, and requested the Defendant to leave the stude by leaving the stude or with things, the Defendant used the stude, which is a dangerous object in the stude on the stude (the total length of 30cm, 20cm length of the stude, 10cm) while taking the stude, which is a part of the stude in the stude.

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

Summary of Evidence

1. Written statements of D;

1. The investigation report (the sequence 8 in list of evidence);

1. Application of existing Acts and subordinate statutes to one kitchen blades confiscated (No. 1);

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of the recommended punishment in the sentencing guidelines / [the scope of the recommended punishment ] The sentence shall be determined within the scope of the recommended punishment, taking into account the following circumstances, such as the defendant's age, sexual behavior, family relation, family environment, motive and means of the crime, and circumstances after the crime.

Unfavorable circumstances: The victim did not reach an agreement.

The favorable circumstances are the first offense without any previous conviction.