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(영문) 의정부지방법원 고양지원 2014.11.13 2014고단1536
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

Around 13:30 on July 15, 2014, the Defendant committed assault against the victim, i.e., the victim D (Nam, 60 years of age) who is the head of the management office, and the setting of management expenses for commercial buildings, while talking about the establishment of the management expenses for commercial buildings in Gyeyang-gu C Apartment-gu, Gyeyang-gu., the Defendant 2nded on the victim, by hand, with the victim’s breath, and the fire extinguishers, which is a dangerous object at the victim’s location, and collected the victim with the victim’s breath, who had been faced with the document file on the face of the victim.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against D;

3. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning a crime, Article 260 (1) of the Criminal Act;

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

3. The fact that the nature of the crime is bad in light of the reason for sentencing under Article 62(1) of the Criminal Act is an element of sentencing unfavorable to the defendant.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant is both recognized and against the facts charged in this case, the fact that the victim has not been able to pay much attention, and there is no record of crime.

Furthermore, the sentencing guidelines, including the Defendant’s age, character and conduct, environment, and criminal record, were taken into account equally, and also referenced to “colatorial crime sentencing guidelines” prepared by the Sentencing Committee.

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