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(영문) 의정부지방법원 고양지원 2015.09.24 2015고단1407
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

On March 10, 2015, around 14:05, the Defendant used the instant car, which is a dangerous object, as it is, the victim D(37 years of age) set waste disposal fees in the parking lot for the reception of the pak line, which is located in 50-ro 14:05, and the Defendant used the said car, which is a dangerous object, to have the victim go beyond the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Investigative report - The attachment of CDs with the face of the crime;

1. Photographs;

1. Application of the Act and subordinate statutes as a result of a CD 1 CD reproduction;

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. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant generally acknowledges and reflects his mistake, the degree of the assault or the degree of damage caused by the assault does not seem to have been much serious, and some circumstances may be taken into account in light of the circumstances leading to the instant crime.

The punishment shall be determined as ordered in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, guidelines for sentencing violent crimes, etc., which have no record of punishment exceeding fine for the last 20 years. The last punishment is 2008, and the defendant's age, character and conduct, environment, motive, means and result, etc.

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