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(영문) 대구지방법원 김천지원 2015.06.24 2015고단219

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 17:10 on February 28, 2015, the Defendant reported a new outbreak under the influence of alcohol on the ground that the victim E (n, 70 years of age) was slick while taking care of the house for lease, and the Defendant reported a new outbreak and damaged the victim, and the Defendant stated that the victim was "the neck of the victim," and the victim was "the knife knife knife knife 13cm, knife knife knife knife knife knife knife knife knife knife knife knife knife.

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 of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on police seizure records;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the defendant reflects his/her mistake, the fact that the defendant agreed smoothly with the victim, the age, character and conduct, environment, etc. of the defendant);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 (1) of the Criminal Act on Probation;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;