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(영문) 청주지방법원 2014.12.17 2014고단1193

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

At around 01:30 on August 11, 2014, the Defendant, “D” located in Seocho-gu, Seowon-gu, Cheongju-si, Cheongju-si, called “D,” and called “Irre, five males, other than a woman?” Then, the Defendant 5 people, including the victim E (28 years of age) and the victim F (28 years of age), who f., who f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f.,

The Defendant: (a) deducted the victim from the victim’s illness; (b) carried about 15 cm (15 cm in length), which is a dangerous object that had been kept in his/her house, and carried about a fluort (15 cm in length); (c) around 02:20 on the same day, three stone straws, which is a dangerous object in the vicinity of the above convenience store, were collected from the victims; (d) one stone straws is in line with the victim E’s backward body; and (e) the victim F used the victim F by driving away from the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of Acts and subordinate statutes to an investigation report (a photograph concerning the loss of a suspect used by the suspect);

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 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that the Defendant assaulted the victims, such as setting up a stone, which is a dangerous object under the influence of alcohol, and booming the fingers.

On the other hand, the defendant is seriously opposed to his wrongness.

The victims were not injured, and they were punished for the defendant.