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(영문) 부산지방법원 동부지원 2014.09.25 2014고단977

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six 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

On May 18, 2014, at around 14:00, the Defendant talked with the victim about the damage of the victim D (the age of 45) who was aware of the Defendant’s glass at the Busan Southern-gu, Busan-gu, about the damage of the Defendant’s glass window. The Defendant, as his hand, was faced with the victim with dracker and knife, which were dangerous objects in the victim at two times at the victim’s scambling time, and the Defendant got out of the road. The Defendant got up one sidewalk block, which is a dangerous object on the road, followed the victim.

As such, the Defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the fact that an agreement is made with the victim and that mistake is recognized);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above conditions);