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(영문) 광주지방법원 순천지원 2015.11.30 2015고단1616

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for four 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. At around 15:50 on July 20, 2015, the Defendant used the victim’s knife knife (19cm in knife length) that was flifeed on the ground that the noise from the nearby construction site was fake apartment at 106 dong-dong apartment, which was located in the 641st month, was fake, and used the victim’s knife knife (19cm in knife length).

2. At around 16:00 on the same day, the Defendant used the above food knife, which is a deadly weapon, to the victim C (In other words, 80 years of age) who walked for the above reasons, and used the same food knife to the victim's right side knife, and used the same knife as the stairs of the apartment, and used the victim to assault the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and C;

1. The police search list and records of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 261 of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act and the choice of imprisonment for the crime;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. Crimes No. 1 [Determination of Punishment] under Article 48 (1) 1 of the Confiscation Criminal Act - Types 6 (Special Assaults] under Article 6 (Special Assaults - mitigated elements : In the event that an intentional act of assault is committed [Determination of the recommended sphere] mitigated area ( April to January 12), serious reflects of mitigation area (general person], and crimes No. 2 of the holding that there is no record of criminal punishment [Determination of Punishment] under Article 6 (Special Assault] under Article 48 (1) 1 of the Confiscation Criminal Act / In the event that an intentional act of assault is committed under Article 48 (1) 1 of the Confiscation Criminal Act / [Determination of the recommended sphere] under Article 48 (1) 1 of the Confiscation Criminal Act, the non-compliance area of punishment [Determination of the recommended sphere] under Article 48 (1) 1 of the Punishment Act : The results are as follows: Imprisonment with prison labor for April 19 to April 4, and the suspension of execution of execution of execution of execution of the defendant for two years.