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(영문) 서울북부지방법원 2015.09.15 2015고단2156
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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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 of the final judgment.

Reasons

Punishment of the crime

On June 2, 2015, at around 21:20, the Defendant brought a knife (17cm in total length, 8cm in knife length) and threatened the victim's face at 4-5 times with the knife floor, which is a dangerous object in custody of the Defendant's vehicle, on the ground that the victim C (nife, 45 years old) who had been in an internal-related relationship for two years ago had a dispute.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Damage photographs;

1. Application of Acts and subordinate statutes to criminal tools;

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 (Consideration of favorable circumstances among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Extent of assaulting crimes according to the sentencing guidelines, types 6 (Habitual, repeated, and special assault) shall be mitigated area (4 months to 1 year and 2 months): No person shall be punished;

2. Determination of sentence - Determination of sentence - The criminal records of the same kind of fine and the criminal records of different types of punishment, and the criminal records of this case are assaulted by carrying a kacker, which is a dangerous object, and the nature of the crime is serious in the means thereof - The factors of sentencing favorable to the victim: the victim does not want the punishment of the defendant; the defendant is against the defendant; the degree of damage is not severe; the degree of damage is not severe; other factors indicated in the records of this case, such as relationship with the victim; the age, character and conduct, environment, and circumstances after the crime

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