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(영문) 의정부지방법원 2015.04.03 2014고단3323
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 20, 2014, at around 01:35, the Defendant boarded at C-si operated by the injured party B (the age of 63) in front of the new department store located in Seodaemun-gu Seoul, Seogu, Seoul, and arrived at the front of the Western apartment c- in the same 466 - 3, 02:00 on the same day at 02:00, in his own city, 466-gil, and then, the Defendant saw the injured party to “this hick” to the injured party, who is prone, salving the Defendant, and was able to see the injured party’s left eye one time due to drinking.

After getting off from a taxi, the Defendant continued to take flaps and thalths of the victim, and taken the victim's face back by drinking, and taken the victim's face back, which is a dangerous thing in his possession, and taken the victim's face and body.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. On-site photographs and records of black stay photographs;

1. Application of Acts and subordinate statutes to report on investigation;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommending punishment] Types 6 (Habitual Cumulative Offense, Habitual Assault), mitigation area (4-1-2 months to 1-2 months): Imprisonment with prison labor for six months or one year and two months (decision of sentencing), suspension of execution 2 years, and conditions unfavorable to social service 80 hours: Normals that assault the victim several times, which are a dangerous object: The violation against one's mistake, suspension of indictment, the fact that there is no criminal history, as well as the disposition of suspension of indictment, and the fact that only the victim and the victim have agreed smoothly;

The defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc. are specified in Article 51 of the Criminal Act.

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