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(영문) 대구지방법원 경주지원 2013.10.29 2013고단488

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for not more than ten 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

Around 04:55 on May 6, 2013, the Defendant, within the Cju point located in Si-si, Si-si, Si-si, on the ground that: (a) the victim E (Nam, 20 years of age), an employee of the above Cju point, who performed alcoholic beverages together with pro-Japanese D and a person with no name, said victim said that “the above victim would be a death,” but the said victim said that the victim would be able to grow early, is a dangerous thing that had been on the table.

D's left side of the victim, and the name unclaimed winners also posted the small-beer's disease on the table, beer's watch, and the glass World Cup on the table was lower than the table.

In this respect, the defendant, together with a person who is not aware of his name, assaulted the victim by carrying dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to investigation reports (on-site exit situations and damage field photographs);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Articles 260 (1) and 30 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act in relation to the suspension of execution);