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(영문) 광주지방법원 2013.11.26 2013고단5133
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

On October 19, 2013, around 18:45, the Defendant collected beer disease, which is a dangerous object that had been tabled, and assaulted once the victim's right shoulder part of the right shoulder, on the ground that the victim took out drinking together with the victim D (year 40) who is a workplace partner, while drinking alcoholic beverages together with the “C” restaurant located in Gwangju North-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the investigation report (on-site report);

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. In light of the fact that the sentencing of Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. assaulted the victim due to beer's disease, which is a dangerous object of the defendant, a strict punishment should be imposed against the defendant. However, the defendant has no special criminal record, other than once a fine, and the defendant has committed the crime of this case by drinking, and the defendant seems to have committed the crime of this case by contingent agreement with the victim after the crime was committed, and the victim does not want the punishment of the defendant. The defendant seems to support the child who is an advanced school student under the divorce. In addition, after considering all the factors such as the motive, means and result of the crime of this case, circumstances after the crime, the defendant's age, character and conduct, etc., the execution of the punishment should be suspended as ordered within the scope of discretionary mitigation, but the defendant should order the defendant to provide community service for a certain period of time.

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