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(영문) 수원지방법원 평택지원 2013.08.29 2013고단862
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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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 became final and conclusive.

Reasons

Punishment of the crime

1. Around 18:45 on May 19, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) committed assault by the victim’s head one time by a small-scale illness, which is a dangerous object in time with the victim D and shouldered on the ground that the victim D and shouldered in Gangdong-gu Seoul, Gangdong-gu Seoul.

2. At around 19:50 on May 19, 2013, the Defendant damaged the wall surface of the plastic, which is a public object, after arrested as a flagrant offender on the same grounds as the foregoing paragraph 1., and transferred it to the criminal office and office of the Seoul Gangseo-gu Police Station, Seoul, and thereby, damaged the wall surface of the said plastic, which is a vehicle for public use, by generating plastic walls from the waiting room, so that the repair cost would be KRW 100,00.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A report on investigation (Submission of a written estimate) and a written estimate;

1. Application of photographs of each victim, each criminal case, and photographs of waiting rooms;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act (a point of violence to carry dangerous things), and Article 141 (1) of the Criminal Act (a point of damage to public use and choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentence is to be rendered in the same way as the disposition, taking into account various factors of sentencing, including the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act recognizes the crime and reflects the fact that the defendant was smoothly agreed with the victim, and that the defendant seems to have no criminal record.

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