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(영문) 수원지방법원 평택지원 2014.07.16 2014고단485
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 25, 2013, at around 20:30, the Defendant urged the victim F (70 years of age) to pay a long-term amount at E office operated by the Defendant, and assaulted the victim, “A, bit bit bit bit bit bit bit bit bit bit bit bit bit bits,” and assaulted the victim, who was at least 10 centimeters of the transition (10cm in length) of dangerous articles on the table.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning the statement of F and G in the suspect examination protocol against the accused;

1. Application of excessive photographic statutes;

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

1. Recommendations and sentences of the sentencing criteria (decision of types), violent crime group, assault crime, and Type 6 (Special Violence) (Scope of Recommendation Punishment) (Scope of Habitual Assault) shall be sentenced to imprisonment for six months from June to June (basic area);

2. The fact that the method of determining the sentence is very dangerous, etc. that is disadvantageous to the defendant, or that the defendant recognized the facts charged in the instant case and took the attitude of reflecting his mistake, that there is no record of being sentenced to criminal punishment or a fine heavier than that of the same kind of mistake, contingent crimes, the victim's deposit of KRW 3 million with the victim, and other favorable circumstances indicated in the records, such as the defendant's age, character and conduct, family environment, etc., shall be determined as ordered within the scope of the sentence of recommended punishment.

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