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(영문) 의정부지방법원 2014.11.26 2014고단2222
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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A defendant shall be punished by imprisonment for not less than eight 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

On May 4, 2014, at around 20:51, the Defendant demanded the victim D to calculate the drinking value in the “E” operated by the victim D in Gui-si, Gui-si, the Defendant: (a) aware that the victim had already paid the drinking value while under the influence of alcohol; (b) caused two empty beer diseases, which are dangerous objects on the table, to the victim on the ground that the victim was making fraud; and (c) among them, one empty beer was adjacent to the right wus of the victim.

Accordingly, the Defendant carried an empty beer disease, which is a dangerous thing, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Grade D of the protocol of interrogation of the accused by the prosecution

1. Police investigation report;

1. Application of statutes on site photographs;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act [the scope of recommending punishment] Crimes of assaulting Article 6 of the Criminal Act: Types 6 (Habitual Offense, Habitual Assault and Special Violence) (4-1-2) and the scope of sentence comparison between the sentence to be sentenced and the recommended sentence not to be sentenced: Six months to one year and two months (decision of sentence]: Imprisonment with prison labor for six months to one year and two months (decision of sentence), and circumstances unfavorable to two years: A victim who assaults with dangerous articles;

(k) favorable circumstances: radius to one’s mistake, agreement with the victim, and the extent of damage to the victim;

It is so decided as per Disposition for the above reasons.

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