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(영문) 광주지방법원 2014.10.01 2014고단2703

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 17, 2014, the Defendant: (a) around 09:00, the Defendant: (b) carried an empty Soviet apartment 211, which is an object dangerous to drinking in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, and destroyed the said car owned by D to require the victim to take repair charges of KRW 1,229,758.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. Application of Acts and subordinate statutes to include a copy of a written estimate;

1. Article applicable to criminal facts;

(a) The point of possession of a deadly weapon: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act;

(b) The point of rendering a judgment: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 366 of the Criminal Act;

1. A punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment provided for in the Punishment of Violence, etc. Act (a crime of causing damage to a group, deadly weapon, etc.) which has become more severe in the course of a crime and the quality of the crime);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considerations including those agreed with victims);

1. Article 62 (1) of the Criminal Act (including the absence of any record of punishment for imprisonment without prison labor or heavier punishment);