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(영문) 의정부지방법원 고양지원 2014.04.03 2013고단2048 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

On October 30, 2013, the Defendant: (a) around 00:11 on October 30, 2013, on the ground that the Defendant was aware of an order in the “D cafeteria” located in Gyeonggi-si, and (b) caused a dispute with the victim E (ma, 43 years old), who is an employee; (c) led out of the restaurant; and (d) led out of the restaurant; and (d) led out of the restaurant, the Defendant moved into the restaurant to the restaurant and was gathering the victim of metal materials.

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

Summary of Evidence

1. Statement by the defendant in court;

2. Police suspect interrogation protocol regarding E;

3. Application of Acts and subordinate statutes on violence photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning a crime, Article 260 (1) of the Criminal Act;

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

3. The reason for sentencing under Article 62(1) of the Criminal Act, the means and method of the instant crime, etc., are factors unfavorable to the Defendant.

On the other hand, most of the facts charged of the instant case are recognized and reflected by the Defendant, and in the process of the instant fighting, the Defendant is more likely to face the victim and the victim does not want punishment by mutual consent with the victim, etc. are elements of sentencing favorable to the Defendant.

Furthermore, the sentencing data, including the Defendant’s age, character and conduct, intelligence, environment, and criminal records, were taken into account. Also, the sentencing guidelines formulated by the Sentencing Committee were also considered.

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