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(영문) 대전지방법원 2015.08.19 2015고단1640
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 23:30 on March 19, 2015, the Defendant: (a) expressed that, without any reason, at the main point of the Daejeon Seo-gu Daejeon C Underground 1st floor D, the Defendant had expressed that, without any reason, he/she was drinking, he/she was frighting to be engaged in several main stations and beer diseases toward the victim E (inn, 56 years of age) and that, “Is that Is that Is that Is that Is that Is that Is you would know?” and assault the victim’s head collection by her hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation]: Type 6 (Habitual Offense, Habitual Assault, Habitual Assault) basic area (limited to six months of imprisonment or one year or ten months of imprisonment): None [Determination of sentence]: In light of the attitude of the instant crime and the risk of means, etc., the nature of the relevant crime is not weak, there is a history of criminal punishment several times for the same crime, and that there is no agreement with the victim is a disadvantage to the defendant.

On the other hand, the fact that the defendant is recognized as committing the instant crime and is against the law, there is no record of criminal punishment exceeding a suspended sentence, and that the degree of direct assault against the body of the victim is relatively minor and that it does not reach injury is favorable to the defendant.

In this context, all the sentencing conditions, such as the background and motive leading up to the instant crime, the circumstances after the crime, the defendant's age, occupation, character and conduct, environment, etc. shall be comprehensively taken into account, and the punishment as ordered shall be determined by the Supreme Court's sentencing guidelines.

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