(영문) 부산지방법원 2015.11.11 2014고단5142

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(영문) 부산지방법원 2015.11.11 2014고단5142

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant and the victim C(the age of 44) are seafarers of Pakistann cargo ships D.

The Defendant, around 07:50 on February 20, 2014, at the entrance of the instant Drives door, which was at anchor in the modern steel wharf where he was in the business of Song-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-si, had the Defendant paid expenses on the ground that the Defendant attempted to hand over the service on duty to the Defendant without carrying out the work that he should be on duty.

The Defendant, as a dangerous object at the entrance of the entrance of the entrance of the entrance, brought about about 27 cm in hand, and lowered the part of the victim’s left-hand elbows.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Each written statement prepared by the defendant, E, and C;

1. A photograph of damage caused by violence;

1. Application of Acts and subordinate statutes to a report on investigation (verification of violence tools);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The sentencing criteria [decision of types] the sentencing criteria (decision of types] the crimes of assault, Type 6 (Special Assaults of Habitual Offense), the area of mitigation [Special Convicts] the area of punishment not to be mitigated (the scope of the sentence of recommendation] from April to February;

2. Although the nature of the crime of this case committed by assaulting the victim with a dangerous object that may be sentenced to punishment is not good, the punishment shall be determined by comprehensively taking into account the following factors: (a) the fact that the victim does not want punishment against the defendant under a mutual agreement with the victim; (b) the motive and background of the crime of this case; (c) the relationship with the victim; (d) the relationship with the victim; (

참조조문

-형법 제62조 제1항

-형법 제260조 제1항

-형법 제261조

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