(영문) 인천지방법원 2013.10.24 2013고단5992

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(영문) 인천지방법원 2013.10.24 2013고단5992

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

On September 3, 2013, at the above B office around 10:10, the Defendant: (a) dber (m in length), which is a dangerous object due to the foregoing circumstances; (b) dracked the victim’s face; (c) dricked the victim’s head; (d) dracked the victim’s head; and (e) continued to leave the victim with the above office parking lot; and (e) dracked the victim’s head, sealed the victim’s side wall, and sealed the victim’s drack with his hand.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to investigation reports and photographs;

1. Relevant Article 3 (1) or 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act concerning facts constituting an offense;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., extenuating circumstances, such as the fact that the defendant agreed with the victim, the fact that the defendant runs against the victim, the degree of damage, etc.);

1. Suspension of execution: Part of the dismissal of public prosecution under Article 62 (1) of the Criminal Act;

1. On September 3, 2013, the Defendant: (a) around 10:00 on September 3, 2013, at the B office parking lot located in Seo-gu Incheon, Seo-gu, Incheon; (b) in the course of business, the Victim C was in conflict with the victim C due to his business process; (c) was flabing the victim’s head by hand; and (d) committed assault against the victim once by drinking his head.

2. This part of the facts charged is a case in which a prosecution cannot be instituted against the clearly expressed will of the victim. According to the written agreement bound in the records, it can be acknowledged that the victim expressed his/her wish not to punish the defendant after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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