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(영문) 광주지방법원 2015.09.22 2015고단2871
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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A defendant shall be punished by imprisonment for not less than eight months.

However, 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

Around 14:58 on July 2, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.) : (b) the victim E (the 19 years of age) who is an employee of the DPC in Gwangju Mine-gu, was able to take care of the Defendant’s horse while disregarding the horses of the Defendant; (c) the Defendant was knife (the 30cm total, 19cm total length of the knife) that was dangerous articles kept in the Defendant’s house kitchen on the ground that he did not go against the Defendant, but did not go against the Defendant; and (d) the Defendant was able to take care of the knife in the knife with the knife at the end of the said knife, after taking the victim’s head by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the prosecutor and the police accused;

1. Each statement of the police about E and F;

1. Application of Acts and subordinate statutes, such as a knife photograph, CCTV-cape CD or written agreement (Evidence Nos. 5, 12, 14, 22);

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. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 48(1)1 of the Criminal Act, following the instantCCC video CD (Evidence Nos. 14), the risk of the instant crime is serious.

However, the defendant reflects his depth in committing the crime of this case.

Furthermore, the victim does not want to punish the defendant.

A defendant has no record of punishment, except for one-time criminal records of a fine.

In addition, all the sentencing materials in the instant case, such as the age, character and conduct, motive and consequence of the crime, and circumstances after the crime, shall be comprehensively considered as ordered.

Public prosecution dismissed part - Intimidation

1. The Defendant, on July 21, 2015, is the victim I (15 years of age) and the victim at HPC located in Gwangju Mine-gu G around 20:50.

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