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(영문) 대구지방법원 김천지원 2013.07.04 2012고단518

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On April 28, 2012, around 15:45, the Defendant discovered the victim C (the age of 22) who was waiting in a waiting room in the Gu-U.S. Pyeong 2 1008, 1008, the Defendant used the victim as his hand each item (the length of 164cc, 8 cm breadth , 8 cm cm cm cm cm cm cm cm cm) at a construction site located in the back of the Gu-U.S. river basin, and used the victim as his hand with the following items: (a) the Defendant used the victim’s desire to take the victim’s left part in the Gu-U.S. 2 east 108, 108; and (b) the Defendant used the victim as his hand with his her her her her her maret m

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. The police seizure record and the list of seizure;

1. The suspect's crime ctv photographs, victim victim's photograph, and each item hump that cannot be used for violence;

1. The application of Acts and subordinate statutes to a report on investigation (in the absence of a medical certificate and telephone conversations) and a report on complementary investigation into evidence (each item);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for the crime of assault [the determination of a sentence] committed by violence, repeated crime, special assault [special multiple persons] - mitigated elements: In a case where the degree of assault is minor, [the scope of recommending punishment] mitigated range, four months to one year and two months [the scope of revised recommendations] are inconsistent with the lower limit of the applicable sentences under the law, and thus, the lower limit of the applicable sentences under the law shall prevail.

[Judgment of suspension of execution] - Major illegal reference grounds: Where a person commits a crime by carrying a deadly weapon or other dangerous articles with him/her; Reasons for general illegal reference: lack of social relationship or no effort to recover damage (decision of sentence); six months of imprisonment with prison labor