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(영문) 대구지방법원 김천지원 2015.01.15 2014고단1366

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

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

On October 15, 2014, at around 13:00, the Defendant found the victim D (55 years of age) who operates street stores on the front of the C Bank located in Kimcheon-si B, and took the bath of “this son,” and used the victim’s breath as his hand, dump, flaping the victim’s head back on one occasion with his hand, and dump, a dangerous object (41cm in length) at two times with the victim’s left back.

Summary of Evidence

1. The defendant's second statement in court;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to damaged photographs and criminal implements photographs;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Article 55 (1) 3 of the same Act (Article 53 and Article 55 (1) 3 of the same Act shall not be lightly treated in that the previous convictions are reached five times, however, that the Defendant appears to have been the victim, and that he/she was the victim, and that he/she did not have any previous conviction or higher in the suspension of execution, that he/she made a confession and reflects on crimes, and

1. Article 62 (1) of the Criminal Act on the suspension of execution;