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(영문) 광주지방법원 2014.04.03 2014고단275

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

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

1. On January 10, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) listened to the phrase "C" located in Nam-gu, Nam-gu, Gwangju on January 10, 2014, and the phrase "C" located in the toilet in Nam-gu, Nam-gu, Gwangju, that she turn on the toilet door from the victim D (Nam, 28 years old) while blocking the toilet, and she sleeps the breath, "C" after taking the main part of "C", and then taking the left face of the victim two times in drinking, and then taking a beer disease, which is a dangerous object on the table, that was put on the table.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant damaged the property damage by putting about KRW 100,000,00 in the market price of the victim’s ownership, on the ground that the victim E (n, 46 years of age) who operates the main points of the above C at the time and place specified in 1.1. The Defendant destroyed the damage by putting about KRW 100,00,00 in the face-to-face screen glass (80,000cm X15,000.5cm).

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to investigation reports (related to statements E);

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act (the point of causing property damage and the choice of imprisonment) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act (the scope of recommending sentence) of the suspended sentence, the area of mitigation of violent crimes, and the area of mitigation of violent crimes: April - January - January of the imprisonment with prison labor, taking into account the circumstances agreed with the victim in February - the degree of violence, the age, character and conduct, environment, and circumstances after crimes, and other various factors of sentencing, within the scope of the recommended sentence,