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(영문) 대구지방법원 2014.08.22 2014고단3208

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

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

except that 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

1. On April 21, 2014, at around 18:50, the Defendant violated the Punishment of Violence, etc. Act (collective assaulting with a deadly weapon, etc.) stated that, at the end of the C factory operated by the Defendant, around 18:50, the victim D (the age of 61) residing in the vicinity of the above factory would not be able to maintain the vehicle because he/she could not withstanding because he/she would face due to his/her return." However, at the same time, the Defendant took each item (onem in length) in his/her neighborhood, and she took one time away from the victim’s left hand to prevent him/her from harming his/her head.

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

2. The Defendant assaulted the victim in a manner that, on the ground that the victim E (the age of 68) found together with D at the above date, time and place referred to the victim as "on the part of the victim's breast part of the victim's breast part of the victim's breast part of the victim's breast part of the victim one time," and that the victim's part of the victim's left part of the victim's left part of the victim's part of the victim's breast part of the son's son.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 4);

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. On the grounds for sentencing under Article 62(1) of the Criminal Act, Article 62(1) of the Act on the Suspension of Execution, a second crime that has no basic field (6 to 10 months) (6 to 10 months) of the Act on the Punishment of Violence [the scope of recommendations] [the scope of recommendations] and the basic area (2 to 10 months) of the Act on the Punishment of Violence (2 to 6 months) [10 months]. The scope of final sentence due to the aggravation of multiple crimes: 6 months to 2 March.