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(영문) 의정부지방법원 2015.11.09 2015고단2104
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2, 2015, the Defendant: (a) around 23:35, 2015, at the same point of “C” in Dongducheon-si B, the Defendant: (b) placed a beer’s disease on the part of the customer while drinking mixed alcoholic beverages; and (c) Dac d (56 years of age) took the part of the victim’s head on the ground of the instant beer’s disease.

In this respect, the Defendant, carrying dangerous objects, and assaulted others.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

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

1. Relevant Articles 261 and 260 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Basic area of the crimes of assaulting the range of recommending punishment according to the sentencing guidelines (two months of imprisonment and six months of one year);

2. As the Defendant, without a clear reason, committed an assault against a beer who is a dangerous object of the victim’s hair, the crime is not good.

However, the victim has not been salivated, and since the case, the victim did not want the criminal punishment against the defendant by mutual consent with the victim, and the defendant shows the appearance of confession and reflecting the crime in this case, the past records of punishment by violence in the past are several times, but all of the previous criminal records have been punished for more than 10 years, and the punishment conditions in the arguments, such as the defendant's age, character and behavior, family environment, motive and circumstance of the crime, motive and consequence of the crime, the means and result of the crime, etc., shall be determined as ordered by taking into account all the factors of punishment as shown in the arguments, such as

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