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(영문) 의정부지방법원 2015.01.06 2014고단1871
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:30 on May 31, 2014, the Defendant assaulted the victim’s head on one occasion on the ground that the victim F (ma, 52 years of age) who was kept in compliance with the Defendant’s order was obstructed in construction work by generating the floor of the construction site that the Defendant opened in cement usually with E at the construction site of a warehouse building located in C, Namyang-si, Namyang-si, Seoul, on the ground that the Defendant obstructed the construction work by generating the floor of the construction site in which the Defendant opened cement in cement.

Summary of Evidence

1. The defendant's partial statement; 1. The witness F's legal statement;

1. The application of the law to photographs taken by the victim [the defendant does not have any fact when the victim was injured, but considering the evidence duly admitted and examined by this court, the defendant can sufficiently recognize the fact that the head of the victim was taken by soil losses for unclaimed use, so the defendant's defense is without merit]

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The mitigated area (Habitual, Habitual, Habitual, and Special Violence) (4-1-2) of the mitigated area (4-1-2) of the Criminal Act [Special Mitigation] [Determination of Sentence] The Act on the Acceptance of Criminal Crimes by Defendant is criticized as a highly dangerous act. The defendant has a number of criminal records including the same criminal records, and there is sufficient need for strict punishment since he denies the instant crime.

However, the degree of damage of the victim is relatively relatively minor, and the victim does not want the punishment of the defendant, the defendant also suffered the damage by assaulting the victim, and the defendant has reasons to take into account the circumstances leading to the crime of this case, the lower limit of the punishment shall be mitigated and suspended execution shall be lowered.

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