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(영문) 인천지방법원 2014.10.29 2014고단6653
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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A defendant shall be punished by imprisonment for six 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 August 30, 2014, around 15:30, the Defendant, in front of the Seo-gu Incheon Metropolitan City C Apartment 104, 104, and the guard room at the guard room, sent the victim D (the age of 67), who is a security guard, in lieu of the occupant, wanting to see "Chewing" as the security guard was refused, and sees the damaged, which is a dangerous object suffering from a chemical tree, and sees the victim's neck with his left arms and enhances the improvement, and assaulted the victim as "the deader".

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes governing criminal implements 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Grounds for sentencing under Article 62 (1) of the Criminal Act, which has been repeatedly imposed;

1. Persons who are not subject to punishment in the mitigated area ( April to January 1) (special mitigation area) (excluding persons who are subject to punishment in April to February 2) of Class VI (Habitual, Cumulative, Habitual, and Special Violence) of the Punishment Criteria;

2. Determination of sentence shall be made in the same manner as the order is made, in consideration of the fact that the defendant who made the decision of sentence of this case confessions and objects to the punishment of the defendant, and that the victim does not want the punishment of the defendant, his age, character and conduct, environment, motive and circumstance leading to the crime of this case, circumstances after the crime, etc.

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