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(영문) 인천지방법원 부천지원 2015.10.22 2015고단2240
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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A defendant shall be punished by imprisonment for four 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 August 21, 2015, the Defendant: (a) around 22:50 on August 21, 2015, 2015, the Defendant: (b) moved to the side on which the victim E (or 44 years of age) was a dangerous object that was placed on his/her customer on the ground that he/she was drunkd at an alcoholic beverage C2, Seocheon-si, Seocheon-gu, Seocheon-gu, Seoul and 2nd level of drinking; (c) and (d) caused the misunderstanding to be broken to the right shoulder of the victim.

Accordingly, the defendant, carrying a dangerous object, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of recommendation [decision of types] Sentencing for violent crimes, sentencing guidelines for violent crimes, assault crimes, and special assault (type 1): Reduction elements: Imprisonment with prison labor for not more than 4 months to 1 year and 2 months (Mitigation of mitigation);

2. Determination of sentence: Determination of sentence by comprehensively taking into account all kinds of sentencing conditions, such as the age, character and conduct, environment, motive, means and consequence of the crime, etc. of the defendant, such as the fact that the defendant for four months of imprisonment, one year of suspended sentence, recognized the facts charged, the defendant appears to have committed the crime of this case by contingency under the influence of alcohol, and the victim does not want the punishment against the defendant, etc., the punishment as ordered

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