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(영문) 수원지방법원 안양지원 2014.07.17 2014고단752
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

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

On April 15, 2014, around 22:20, the Defendant: (a) committed assault against the victim, such as the victim, who was operating a vehicle on the street in front of the Gero Park 6 Gero Park 20, Gero Park 6, Gero Gae Park 26, on the ground of a sudden change in the vehicle in the future operated by the victim C (the age of 26) on the ground of a sudden change in the vehicle; (b) knife, which was a deadly weapon in the storage of one’s vehicle, and knife (the knife length) with the deadly weapon in the storage of one’s vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Provisions of Acts and subordinate statutes concerning records of seizure, list of seizure and photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The Defendant’s crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act is not less than the nature of the crime, and it is necessary to punish the Defendant with severe punishment, considering the fact that the Defendant did not receive a letter from the victim.

However, it is more favorable to the fact that the defendant has long been not guilty of the previous two times of the fine, that the victim who is aged compared to the defendant gets away from the defendant and gets out of the city expenses, and that the dispute has been punished, that is, the defendant has ceased to commit the crime on his own in order to threaten the knife and threaten the knife, and that the defendant has led to the confession of the crime from the investigation stage and to reflect his mistake.

In addition, based on the sentencing precedents of the same case as the defendant's life sentence (one year of suspended execution, two years of probation, community service, etc.) by the prosecutor, the age, character and behavior, environment, relationship to victims, motive, means and result of the crime.

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