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(영문) 수원지방법원 여주지원 2015.02.02 2014고단606
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is the business owner of convenience C located in Gyeonggi-si B.

On July 17, 2014, the Defendant, at the above convenience store around the end of the day of July 17, 2014, brought a dispute with the victim D(39 years of age)'s wife and vehicle parking, and all of these circumstances, the victim took a bath to the Defendant by talking with the Defendant, and the Defendant was also able to do so with the victim while taking a desire to do so.

Since then, at around 20:10 on the same day, the Defendant saw that the victim would be able to find and take a bath at the above convenience store, and assaulted the victim on the part of the victim in the front part of the kitchen (the total length of 35 cm, 20 cm in length) which is a dangerous object being kept in the string of the kitchen in the string of the kitchen.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site photographs;

1. Records of seizure and the list of seizure;

1. Investigation report (case of CCTV analysis installed within a convenience point);

1. Application of Acts and subordinate statutes to photographs concerning CCTV recording within convenience stores;

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., Article 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is a matter of threat by a knife, which is an article dangerous to the victim, and the above knife of knife is not good when considering the fact that the knife knife is danced in the item of the victim.

However, it shall be sentenced as ordered in consideration of the reasons for sentencing prescribed in Article 51 of the Criminal Act, such as the fact that the victim agreed with the victim, the confession and reflection of the defendant, and the absence of any particular criminal record.

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