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(영문) 수원지방법원 2015.08.10 2015고단1608
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 January 18, 2015, around 20:07, the Defendant: (a) boarded the head of the D-si operated by the victim C (the 67 years of age, south) before the O-si bus terminal located in O-si in O-si in O-si, O-si; (b) kiddd the victim as O-si clified at O-si in O-si; and (c) kidd the victim again with O-si to O-si, and (d) kid it again, and she took b2 m of dangerous articles in his/her envelope, and she again boomed it.

이에 이를 이상하게 여긴 피해자가 목적지가 아닌 오산시 운암로 11에 있는 화성동부경찰서 오산지구대 앞에 정차하자, 피고인은 봉투 안에서 가위를 꺼내 피해자의 오른쪽 팔 부위를 쿡쿡 수 회 찌르면서 “빨리 출발하지 않으면 쑤셔버린다”, “하나, 둘, 셋을 셀 동안 출발하지 않으면 찌르겠다”라고 말하였다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Police seizure records;

1. Photographs;

1. Application of Acts and subordinate statutes on motor vehicle booms image;

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;

1. Social service order under Article 62-2 of the Criminal Act;

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

1. Where the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] is limited to the mitigated area ( April to January 1), the punishment is not granted (including serious efforts to recover damage), or considerable damage is restored to the mitigated area (including April to February 1), or a considerable part of the reduced area;

2. Determination of sentence: 8 months of imprisonment, 2 years of suspended sentence, and 2 years of suspended sentence are not good enough to commit the crime of this case, and the defendant committed the crime of this case in addition, even though he could have been punished by committing the crime of this case, he committed the crime of this case.

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