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(영문) 수원지방법원 성남지원 2014.11.06 2014고단2308
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On August 15, 2014, at around 23:20, the Defendant, under the influence of alcohol, fluencing the air (110cm in length) of the hacker, which is a dangerous object in Gwangju City B, and fluencing the way to the hacker, and flucing the victim C (the age of 46) who was traveling along the way to the hacker, and flus the victim’s hacker’s hacker at night. However, the Defendant assaulted the victim by carrying a dangerous object with the victim, stating, “this hacker must be known to the victim,” and carrying the dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. Report of investigation (investigative records, No. 16 pages);

1. Application of Acts and subordinate statutes on detailed statement of reported case settlement; and

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 (see the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that, in full view of the following circumstances: (a) the Defendant, without any particular reason, committed the instant crime with a hack pipe, which is a dangerous object, and without any particular reason, committed an assault against the victim; (b) the same criminal records were three times; (c) there is no need to punish the Defendant; (d) on the other hand, there was no particular injury to the victim; and (e) the victim did not have any criminal intent to punish the Defendant; (e) the victim did not have any force to punish the Defendant for the last ten years; and (e) other favorable circumstances such as the Defendant’s age, character, conduct, and environment, which are favorable conditions for sentencing, the sentence shall be imposed within the scope of the statutory punishment to be mitigated; and (e) the execution of the sentence shall be suspended on condition of the implementation of community service order

It is so ordered.

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