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(영문) 전주지방법원 군산지원 2014.08.13 2014고단425

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

except that 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

피고인은 2014. 4. 19. 08:00경 전북 군산시 B원룸 앞길에서, 그곳을 지나던 피해자 C(19세), 피해자 D(20세), 피해자 E(19)이 피고인에게 반말한 것으로 오해하여 그곳 주변에 있던 소주병을 바닥에 쳐서 깬 후 위험한 물건인 깨진 소주병을 피해자들을 향해 휘두르고, 위 소주병을 든 채 주먹으로 피해자 D의 머리 부위를 2회 때리고, 주먹으로 피해자 C의 얼굴을 수 회 때리고 발로 배 부위를 수 회 걷어찼다.

Accordingly, the defendant carried dangerous articles and assaulted victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to photographs (12 pages of investigation records);

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Articles 55 and 55 (1) 3 of the Criminal Act);

1. Determination on the defendant's assertion of suspended execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 200

1. The defendant, alone, asserts that the defendant's act constitutes self-defense and thus dismissed illegality. The defendant argues that the defendant's act constitutes self-defense.

2. According to the evidence before the judgment, the defendant was found to have committed an assault against the victims as stated in the judgment, since one of the victims' daily activities and the victim's daily activities during the time of the attack before being affected by the victim's daily activities and threatening the victims' daily activities, and such assault is recognized as an active attack rather than a defensive act. Thus, the defendant's assertion is rejected.