(영문) 수원지방법원 평택지원 2014.10.16 2014고단735

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Reasons

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자간(%)

(영문) 수원지방법원 평택지원 2014.10.16 2014고단735

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:30 on June 1, 2014, the Defendant: (a) threatened the victim B (the age of 18) who was working on the road packing in front of the guard room for the front of Pyeongtaek-si and the ELE Womens Mag-si, and was in control of the vehicle, with the victim B (the age of 18) who was entering the construction site and was taking a bath for the Defendant who was working on the construction site, and was in his/her hand in his/her hand while carrying out the construction work; and (b) threatened the victim, as such, as the inserted (the total length: 130cm and the length of the inserted head: 30cm) was sealed.

2. The Defendant continued to assault the victim B (the age of 18) at a time and place, such as Paragraph 1, and continuously assaulted the victim B (the age of 18) on one occasion by putting the victim’s fat and drinking the fat, and making the victim’s fat on one hand.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of statutes on photographs of damage;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act is inferior in light of the Defendant’s attitude of behavior for sentencing. However, in light of the following factors: (a) the Defendant’s confession during committing a crime; (b) there are circumstances that may be partially considered in the motive of committing a crime; (c) there is no criminal history exceeding the fine; and (d) the Defendant’s age, character and conduct, circumstances after committing a crime, etc., the sentence was

참조조문

-폭력행위 등 처벌에 관한 법률

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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