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(영문) 대전지방법원 2014.03.21 2014고단475

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six 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 22, 2013, at around 23:20 on June 22, 2013, the Defendant: (a) laid down the head of the Victim E (year 52) at “Djuk” located in Daejeon-gu Daejeon-gu, Daejeon-gu, without any special reason; (b) laid down once a single head of the Victim E (year 52); (c) laid down the victim’s head on a several occasions; and (d) laid down the gate, which is a dangerous object that had been located there; and (e) avoided the escape of the victim, and (e) assaulted the victim by impairing the victim’s left part of the victim’s left part, which would cause him to escape.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] Crimes, Violence Crimes (Type 6), mitigated area, imprisonment from April to February [Scope of Punishment] from 6 months to 15 years]. Major grounds for attending a crime carrying lethal weapons or other dangerous articles (whether or not a suspended sentence of imprisonment is suspended of execution of imprisonment]: At least twice a suspended sentence, general reasons for attending a general meeting of reasons for non-compliance with punishment: imprisonment for not less than two consecutive times; contingent crimes; imprisonment for not less than six months; imprisonment for a suspended sentence of two years; imprisonment for a suspended sentence of two years; imprisonment for a fine not exceeding five times; imprisonment for a same kind of fine not exceeding five times; imprisonment for a crime; imprisonment with prison labor; imprisonment with prison labor for a strong dependence on alcohol; imprisonment with prison labor; imprisonment with prison labor for not less than five times; imprisonment with prison labor; and imprisonment with prison labor; and imprisonment with prison labor for not less than five consecutive years; and imprisonment with prison labor; the circumstances leading of the defendant constantly present at an investigative agency.