(영문) 인천지방법원 부천지원 2015.01.14 2014고단3044

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자간(%)

(영문) 인천지방법원 부천지원 2015.01.14 2014고단3044

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who was engaged in oral cleaning in the Crata in Bupyeong-gu, Seocheon-gu, Seocheon-si, and the victim D (ma, 52 years of age) is a person who works as the manager of the above Srata.

Around 15:00 on October 4, 2014, the Defendant: (a) prior to the Fmatet in Seocheon-gu, Seocheon-gu, Seocheon-gu; (b) had not been paid the deposited money to the victim because the Defendant tried to remove the Defendant’s oral cleaning; and (c) had not immediately returned the deposited money to the victim by the end of the debrising from the debrising from the debrising customer during the process of oral cleaning; (d) stated that the knife (19cm in total, 8cm in blade) used in the course of the oral repair was put above the knife; (e) alcohol, which is a dangerous object used in the course of the oral repair, was spread to the body of the victim and the victim; and (e) was fluored into the body of the victim; and (e) was committed by the victim by assaulting the victim due to the victim’s knife.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, 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 (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is not good in light of the form and risk of the instant crime, but the fact that the Defendant reflects his/her mistake and again makes the Defendant not to be subject to punishment exceeding the fine, there is no record of punishment exceeding the fine, the victim does not want the punishment of the Defendant, and the age, character, character and environment of the Defendant, and other crimes of this case.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

유사 판례

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