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(영문) 의정부지방법원 2014.06.17 2014고단991
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for one year.

excessive one sheet (No. 1) that has been seized shall be confiscated.

Reasons

Punishment of the crime

On April 1, 2014, around 17:10, the Defendant used excessive (10cm in blade length) that is a dangerous object in the country, while paying time expenses to each other due to the victim C (year 44) and the shortage of monthly taxes at that time, and used the victim to assault the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement C and D;

1. Police seizure records;

1. Application of C left finger photographs and seized articles and Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommending punishment] No person who has no basic area (6 to 1.6 months) (6 months) of the fourth category (Habitual Cumulative Offense, Special Intimidation) [decision on the sentence] [decision on the sentence] Defendant excessively uses it as an assaulting the victim, and thus, the nature of the crime is not good because the form of the act is dangerous, and the Defendant needs to strictly punish the victim with many criminal records.

Although the defendant agreed with the victim, the terms of the agreement that the victim submitted cannot be understood as an agreement with the true meaning because the defendant failed to implement the conditions of the agreement, which was the conditions of the agreement.

The defendant has resided without paying a monthly rent for a period exceeding one year from the parent-child house of the victim. The victim has changed the room because it is good that the victim does not pay a monthly rent, but it seems that there is no awareness that the defendant has caused damage to others and lives by refusing to do so.

더욱이 이 법원이 변론종결 이후 방을 비울 시간을 주었음에도 피고인은 물건만을 반출하여 비워주는 시늉을 하면서 다시 무단으로 빈 방에 들어가 숙박을 하는 등 처벌을 면해보려는 순간의 행동만이 있을 뿐 진정한 반성이 없는 것으로 보인다.

Although the defendant has been in the last five years.

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