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(영문) 대전지방법원 천안지원 2015.04.23 2014고단843

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 24, 2014, around 20:05, the Defendant, under the influence of alcohol in front of the D convenience store located in Asan City on the ground that he wanted to go to a prison, was able to gather the brick (a 10cm in length, 10cm in length, 10cm in length, and 5cm in height) which is a dangerous object at that place, and was frighted one time to the back of the victim E (59 years in length).

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The application of Acts and subordinate statutes on damage photographs and evidence;

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

1. The sentencing of sentencing under Articles 53 and 55(1)3 of the Criminal Act is limited to cases, such as assaulting a brick, which is a dangerous object, solely on the ground that a criminal suspect wants to go to a prison because of a lack of reason for sentencing. However, it is relatively minor that the victim seems not to have been injured and that there is no criminal record of the same kind of the criminal defendant and it is against the criminal defendant.