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(영문) 광주지방법원 2013.08.13 2013고단2926
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for one year.

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

On June 14, 2013, at around 21:00, the Defendant was under the influence of alcohol on the front side of the Cmiddle School located in Gwangju Mine-gu, Gwangju, and became under the influence of alcohol at the back seat of the victim D (51 years of age) and became under the influence of alcohol on the roads of the Kacheon Bus Terminal, Seocheon-gu, Gwangju at around 21:30 on the same day.

At around 21:30 on June 14, 2013, the Defendant heard to the effect that “the taxi fee has been changed” from the victim, and “the taxi fee has to be changed at any time in the taxi while under the influence of alcohol.” The victim’s face part was 2 times as drinking, the victim’s back part was 1 time as head, and the victim’s back part was flicked with learning knife, which is a dangerous object prior to the main machine.”

The Defendant continued to commit these acts with the victim, who gets out of the taxi, gets out of the taxi, gets out of the taxi, knife, and knife the victim, and gets out of the taxi, and assaulted the victim by driving away the victim over three minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of the cinematographic Acts and subordinate statutes to one photograph of seized articles;

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. The sentence shall be determined in light of the risk of the instant crime with the reason for sentencing under Article 62(1) of the Criminal Act, and the execution of the sentence shall be suspended in consideration of the fact that the victim does not have the criminal punishment for the defendant and the fact that the victim does not have the same criminal record and reflects it.

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