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(영문) 대전지방법원 2015.10.20 2015고단2337

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

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

1. Around 15:20 on May 20, 2015, the Defendant: (a) 20 high school students, including the victims B (the age of 17) who were in the vicinity of the Gubong-dong, Seo-gu Daejeon, Seo-gu, Daejeon, including the victims B (the age of 17), who were in the process of club activities, carried out funeral at that place; (b) sees the table table of a merchant who carried out funeral at that place; and (c) assaulted the victim by taking the victim’s flab with the victim’s flab by taking the victim’s flab while taking the victim’s flab with the victim’s flab.

2. 특수협박 피고인은 제1항 기재 일시, 장소에서 B의 일행인 피해자 C(17세)이 피고인의 제1항 기재와 같은 행위에 대하여 “어이없다”라는 등의 말을 하면서 약을 올리자, 화가 나 그곳 주변에 있던 위험한 물건인 주먹 크기의 돌을 집어 들고 피해자를 향해 던지는 시늉을 하여 협박하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations of B, C, D, E, and F

1. Articles 284, 283 (1), and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

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

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

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;