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(영문) 대전지방법원 2015.11.12 2015고단2788

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 June 23, 2015, at around 17:50, the Defendant: (a) provided the “E” in the operation of the Victim D (A) located in Daejeon-gu Daejeon-gu, Daejeon-gu; (b) provided a breathal disease under the influence of alcohol; (c) provided the victim’s face without any justifiable reason; and (d) stated, “If the victim is a flag, flaging, flaging, glaging, glaging, and glaging, glaging the victim; and (c) expressed a desire to protect the victim by carrying a deadly weapon

2. The Defendant, at the same time and place as set forth in Paragraph 1, abused the victim with a deadly weapon by flaging the shoulderer’s feassing the Defendant’s feassing the Defendant’s feasing the Defendant’s feasing the Defendant’s feass.

3. Special damage: (a) the Defendant avoided the Defendant at a time and place as set forth in Paragraph (1) and destroyed the said car owned by the victim by carrying a lethal weapon with a flag’s disease, which was flaged by the escapeer, the victim’s driver, and driving away the victim; and (b) flably damaged the said car by carrying a lethal weapon on the right side of the said car.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the F and D respective laws and regulations;

1. Relevant Articles 284, 283(1) (a) of the Criminal Act concerning the crime, Articles 261, 260(1) (a) of the Criminal Act, Articles 369 and 366 of the Criminal Act concerning the crime, and the choice of imprisonment for each sentence;

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

1. Taking into account all the conditions of sentencing, including the following factors: (a) the fact that there is no specific criminal punishment other than a single sentence of a fine for the reason of the suspended sentence under Article 62(1) of the Criminal Act (2007) (hereinafter referred to as “a fine for the suspended sentence”); (b) the reflectivity of any contingent crime; (c) the agreement with some victims (victimF and criminal facts