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(영문) 수원지방법원 평택지원 2015.05.21 2015고단296
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On November 21, 2013, the Defendant was sentenced to six months of imprisonment for an injury at the Suwon District Court’s Eunpyeong Housing Site Board, and completed the execution of the sentence at the Suwon Housing House on April 29, 2014.

【Criminal Facts】

1. Around 22:40 on January 25, 2015, the Defendant expressed the victim C (the age of 47) in Pyeongtaek-si B’s name-free women in front of the Datter where he worked as an employee at the Datter, who was in violation of the Punishment of Violence, etc. Act (a collective weapon, etc.) and expressed the victim’s desire to read “if any, she go her, she shall do so?” and used two times the glass installed in the catter by drinking, and used two fire extinguishers, which is a dangerous object in the said catter.

2. Violation of the Punishment of Violences, etc. Act (the destruction and damage, etc. of a deadly weapon, etc.) caused damage to the victim E, who was installed in a car transportter, by gathering the above fire extinguisher, which is a dangerous object at the above time and place, at the above time and place, by shouldering the glass equivalent to KRW 393,00,000, at the market price of the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. The photograph and estimate of the damaged site;

1. Previous records: Application of Acts and subordinate statutes on criminal records, etc., personal identification and confinement status;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 3 (1) and 2 (1) 1 of the same Act; Article 366 of the Criminal Act concerning a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Circumstances favorable to the reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation: Scope of the recommended sentences for the same repeated offense: From April to February of one year and two years; and

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