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(영문) 전주지방법원 군산지원 2013.10.17 2013고단954

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 became final and conclusive.

Reasons

Punishment of the crime

1. On June 24, 2010, the Defendant, at the C office located in the Gunsan-si B, assaulted the victim’s back water and her bm with the victim, on the ground that the victim D (the years of age 43) did not immediately leave the vehicle’s engine error, and that he did not go to the third secretary for the purpose of injecting the vehicle’s lease.” On the ground that “I am back to the third secretary for the purpose of injecting the vehicle’s lease”, the Defendant assaulted the victim’s back water and her son, a dangerous object in the surrounding area, with his hand, with the victim’s back water and her buck.

2. Around 08:40 on September 30, 2010, the Defendant, who was cleaning around C offices located in the Gunsan City B, said that “I wish not to see the director’s test.” On his hand, the Defendant tried to display the victim’s body by inserting dust, which is a dangerous thing in the surrounding area, on the part of the victim’s hand, and the employee in the surrounding area tried to display the victim’s body. However, the Defendant’s body could be threatened by inserting the marith and a dangerous article.

Accordingly, the defendant carried dangerous objects and assaulted the victim twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Statement to E by the police;

1. Photographs of a dangerous object;

1. Making sets up for victims;

1. Application of Acts and subordinate statutes to investigation reports (related to pocketbooks in which the complainant records the details of assault);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 260 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act on the grounds that the suspended sentence is above Article 62(1) of the Criminal Act (i.e., the confession of the crime in this case by the defendant while committing the crime in this case, the defendant committed the crime in this case by contingency, and the damage is minor, and the defendant was the first offender).