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(영문) 의정부지방법원 고양지원 2014.08.29 2014고단959
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 12, 2014, at around 09:05, the Defendant, while drinking alcohol together with the victim D, committed assaulting the victim’s head one time by taking advantage of the victim’s oil cost sharing problem.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of statutes on site and victim 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do329, Apr. 1, 20

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]: In the case of the mitigation area (Habitual, Habitual, Habitual Violence) (4-1-2) of the mitigation area (4-1-2) of the crime (special mitigation), the exemption area (including serious efforts to recover damage), or considerable damage recovery (decision of sentence] of the crime of this case, the crime of this case occurred by contingent consent between the victim and the defendant, the defendant is not subject to punishment, the defendant is against himself, and the sentence was imposed in consideration of past power relationship, etc.

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

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