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(영문) 광주지방법원 해남지원 2014.06.18 2014고단62

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 January 27, 2014, at around 22:30, the Defendant: (a) claimed the victim by telephone as a matter of the transfer of the ownership of the vehicle used for the victim E (ma, 34 years of age) and the distribution of the vehicle in Jindo-gun C in front of the D convenience point in Jindo-gun, Jindo-gun; and (b) claimed the victim, and (c) used the dangerous object used for the distribution of the ship in his possession as a hand, and assaulted the victim’s knife with his left hand by threatening the victim by provokinging the victim by provokinging him.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of Acts and subordinate statutes to photographs of victims;

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 260 (1) of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (a point where the victim has agreed to do so smoothly with the victim, and the defendant has repented and reflected in depth his/her mistake);

1. Article 62 (1) of the Criminal Act (In addition to the grounds for discretionary mitigation, various circumstances, such as the age, character and conduct, home environment, and circumstances after committing the crime, etc. recorded in the records of this case);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;