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(영문) 대전지방법원 천안지원 2015.11.10 2015고단1343

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

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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 June 21, 2015, the Defendant: (a) around 11:55, around 11:55, the Defendant: (b) did not have any reason to believe that he was a Doar; (c) attempted to gather the victim C (the 56-year-old) and the victim D (the 52-year-old-old-age-old-age-age-age-age-long-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up

Accordingly, the defendant, carrying dangerous articles, assaults the victims, and damaged the repair cost equivalent to 120,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. On-site photographs, criminal tools photographs, etc.;

1. Application of the written estimate statutes;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 261, 260 (1) (a) and 366 of the Criminal Act concerning the selection of punishment, and Articles 261, 260 (1) (a point of violence to carry dangerous articles), and 366

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

1. Article 62 (1) of the Criminal Act on Suspension of Execution (Considerations, etc. that have not caused damage to victims);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The sentencing guidelines for the crimes of Class 1 (Assaults) [Scope of Recommendation] and the crimes of Class 6 (Habitual Offense, Cumulative Offense, Special Violence) and Class 2 (Assaults) (Special Assaults) (Scope of Recommendation), which have no basic area (6 months to 6 months) and basic area (6 months to 6 months and 10 months) of the crimes of assaults (special violences) [Scope of Recommendation Recommendation] and Article 3 of the Criminal Act that has no basic area (6 months to 6 months to 10 months] [Scope of Recommendation Punishment] and the general standard area (Article 4 to 10 months) of the basic area (Article 4) of Part 1 (Crime of Destruction, Damage, etc.) [No special person] are aggravated.