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(영문) 서울중앙지방법원 2013.09.03 2013고단4688
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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A defendant shall be punished by imprisonment for six months.

except that the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 22, 2013, the Defendant, in violation of the Punishment of Violences, etc. Act (collective assault, deadly weapon, etc.) expressed the victim D (the age of 52) who was under the influence of alcohol and had weak ability to discern things or make decisions, and expressed the victim’s face at one time by drinking, without any special reason. Around 22:20 on July 22, 2013, the Defendant expressed the victim’s desire to “Chewing” to the victim D (the age of 52) who was under the influence of alcohol, and brought the victim’s back water level with an empty beer on the floor.

Accordingly, the Defendant assaulted the victim with an empty beer who is a dangerous object.

2. When the injured Defendant got a victim E (the age of 64) who had been located in D at the time and place under Paragraph 1, as seen above, the Defendant suffered injury, such as coconcing the victim’s coconcing the victim one time, in a state that under the influence of alcohol, it lacks the ability to discern things or make decisions, and caused the victim’s injury under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant criminal facts of the relevant criminal facts: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) and (2) of the Criminal Act: Article 257 (1) of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentencing of Article 62(1) of the Criminal Act is against the fact that the defendant's mistake in sentencing is recognized, the victims do not want the punishment of the defendant, contingent crimes, the age, character and conduct, environment, etc. shall be determined in consideration of the fact that the victims and the victims do not want the punishment, contingent crimes, the age, character and conduct

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