(영문) 수원지방법원 2015.07.22 2014고단4964

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(영문) 수원지방법원 2015.07.22 2014고단4964

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

At around 16:30 on September 3, 2014, the Defendant: (a) in a restaurant of “C” located under 108 of the Yeongdeungpo-gu Open-gu B building 108; (b) while under the influence of alcohol, while drinking with the victim D (the age of 43); (c) while making a conflict of interest with the victim; (d) 4:5 times the head of the victim was 4:5 times by hand; and (e) once the head of the victim was her head, the Defendant saw the victim’s head as one time with the plastic cup containing the following water:

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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 extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Six months to fifteen years; and

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] the group of violent crimes-special assault [the scope of the recommended sentence] mitigated area (six months of imprisonment (revision by the lower limit of the punishment by law), one year and two months]: A person not subject to punishment;

3. Determination of sentence shall be made in the same manner as the order in consideration of the fact that the accused in the decision of sentence has divided wrongs and that the accused has agreed smoothly with the victim, etc.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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