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(영문) 대구지방법원 김천지원 2015.09.03 2015고단418

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 March 27, 2015, the Defendant: (a) around 04:10, the victim C (the age of 48) in Kimcheon-si, Kimcheon-si (the age of 48) called "at the victim who demanded the alcohol value after drinking alcohol," and was faced with the victim's head on the ground of a medicinal wave, which is a dangerous object on the knter, but did not fit, but was faced with the wall, and was in line with the victim's head by protruding the knb, and was in line with the victim's head. As a result, the Defendant committed assault on the part of the victim and the part of the bridge about 10 times.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The application of Acts and subordinate statutes to report internal investigation and investigation reports (to hear statements of a victim);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that he/she has committed a crime in the state of discretionary mitigation and the victim has agreed to seek death even after committing a crime after he/she had committed the crime in the state of discretionary mitigation, the fact that he/she has not any other penal power except the fact that he/she has been sentenced to a fine in 201 as a violent crime, the family relationship, workplace relationship, etc.

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;