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(영문) 부산지방법원 2015.07.07 2015고단1995

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for one year.

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 December 19, 2014, at around 10:30, the Defendant requested the victim C (Woo, 15 years of age) to hedge at the Defendant’s home (hereinafter “Woo-gu B apartment 101 Dong 1001”) to “A dead person who does not want to see his head in another male only,” etc., when she takes the victim’s head debt, she can take back her hand and her step back, 2:3 times the victim’s body was 2-3 times in the ridge, she takes the victim’s head debt, she takes knee in the ward, she takes the victim’s face, and she takes the victim’s face in the Defendant’s kne, and she takes the knel and knife, knife, head and knife, knife,” and she seems to be a threat to the victim’s body and danger.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

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. Suspension of execution under Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] Violence of Type 6 (Habitual Cumulative Offense, Special Violence): Reduction of Punishment (including serious efforts to recover damage): [Determination of the recommended area] Reduction Area] from April to January 1st [Scope of Punishment] applicable provisions of applicable Acts]: Determination of sentence / Determination of sentence / Determination of sentence / Determination of sentence / Decision of sentence / Decision of sentence / Decision of sentence / Decision of sentence / Decision of sentence / Decision of sentence / Decision of sentence ] under Article 3 (1) and Article 2 (1) 1 (Article 2 (1) 1 (Article 3 of the breadth Act / [Article 3 (1) and 2 (1) 1 (Article 1) of the breadth Act / The victim does not want the victim to be punished and submission of a written agreement) is more favorable to the defendant, such as having no record of the same crime and no record of