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(영문) 서울동부지방법원 2014.12.11 2014고단2812
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not more than ten 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 May 24, 2014, the Defendant: (a) around 02:30 on May 24, 2014, on the ground that the victim E (n, 38 years of age) said the victim E (n, son) as a monetary problem, was crypted or bad; (b) left an empty beer, which is a dangerous object on his/her table, was faced with the victim’s side wall; (c) broken it up against the victim’s wall; and (d) broken down the empty beer.

In this respect, the defendant carried dangerous objects 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 to investigation reports;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no basic area (6 to 10 months), basic area (6 to 6 months and 10 months), / [decision of sentence] The crime of this case was committed by the defendant at the main place of the crime of this case by assaulting the beer, who is a dangerous object in time, against the victim, and it is disadvantageous to the point that it was not recovered from damage.

(However, the victim refused to provide personal information for the recovery of damage: Provided, That the fact that the defendant recognized the crime and divided the crime, the fact that the actual damage is not significant, and the fact that there is no criminal record of the same kind is favorable to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the circumstances that led to the defendant to commit the crime, the age, character and conduct, environment, motive and circumstances of the crime, the result of the crime, the circumstances after the crime, etc., as shown in the arguments in this case.

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