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(영문) 대전지방법원 홍성지원 2015.07.03 2015고단322

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

Punishment of the crime

At around 18:30 on April 24, 2014, the Defendant operated the vehicle on the front side of the Gando-ro 715-4, Sung-si, Sung-si, Sung-si, 715-4, and took part in a dispute with the victim in order to avoid the collision with the vehicle driven by the injured party C (the age of 49) who is a local vessel, while taking part in the dispute with the injured party, the Defendant took part in the dispute with the injured party by taking the face of drinking, etc. from the injured party, and took part in the face of the injured party by taking part in drinking face, etc. from the injured party, and continued to take part in drinking, making it possible for the injured party to take part in the face, etc., which is a dangerous object at the same time.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 260(1) of the Criminal Act concerning criminal facts

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 Criminal Act on Probation and Social Service Order [Scope of Recommendation] The following shall be determined by comprehensively taking account of the following factors: (a) types of assault crimes [A] 6 months in the area of mitigation (Habitual, Habitual Crimes and Special Violence] [a person who has been subject to special mitigation] [a] imprisonment for 6 months in the area of mitigation (a person who has been sentenced to a suspended sentence], (b) 2 years in the suspended sentence; (c) the defendant has no criminal record or longer in the suspended sentence; (d) the defendant is subject to the punishment of the defendant by mutual consent between the victim and the victim; and (e) the defendant's age, character and behavior, environment, motive and circumstance of the crime; and (e) the conditions of all kinds