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(영문) 서울동부지방법원 2014.10.30 2014고단1801

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is the tenant residing in the Seoul Special Metropolitan City C underground 3, and the victim D (the victim 81 years old) was the tenant of the defendant's residential area, and the dispute was frequent as a matter of ordinary rent payment.

At around 16:00 on May 25, 2014, the Defendant reported that the victim was in front of the entrance of the above Defendant’s residence, and, without any reason, led the victim to each item (87 cm in length, 6.2 cm in width, 1.5 cm in width).

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

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement consistent with each of the above criminal facts of witness D and E;

1. Statement by the prosecution against the defendant (written statement to the effect that the defendant has committed about 30 to 40 cm of the victim in a location far away from one meter from the victim)

1. Statement of D police statement;

1. Application of statutes on site photographs;

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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of sentence recommended according to the sentencing guidelines (decision of type), violent crimes, assault (decision of the recommended area), basic area [decision of the recommended area] [decision of the recommended area] six months to one year, and ten months;

2. Determination of sentence: (a) considering the risk of the method of the instant crime; (b) the fact that the elderly is the subject of the instant crime; and (c) the fact that the victim did not receive a letter from the victim, the defendant should be punished strictly; (b) however, the fact that the serious result was not caused by the said crime; and (c) other circumstances revealed in the pleadings, such as the defendant’s age, character, conduct, occupation, intelligence and environment; (d) motive and background of the crime; (e) the means and method of the crime; and