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(영문) 대구지방법원 김천지원 2014.11.05 2014고단465
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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

1. On April 25, 2014, the Defendant: (a) 02:45 on April 25, 2014, 2014, walked the roads prior to the Guro-si apartment guard room while under the influence of alcohol; (b) expressed C, who is a security guard, the said C expressed his/her desire to “Cypye by opening a door; but (c) opened a guard room and laid down inside the guard room on the ground that the said C does not open a door, thereby getting the micro-owned database of the victim D.

After that, the Defendant damaged the vehicle short-term control roller by means of putting two philopon and one blopon on a book, and damaged the property owned by the victim of the repair cost of KRW 1,329,480.

2. The Defendant violated the Punishment of Violence, etc. Act (collective violence, deadly weapons, etc.) and, at the same time and place as indicated in paragraph (1) above, expressed the victim C (the age of 59) who is a security guard for the said reasons as “the victim of the said security guard,” and collected kacker knife and knife, which were dangerous articles with the knife in which the knife was displayed at the above security room.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. On-site photographs;

1. Application of each Act and subordinate statutes, one sheet, one sheet, and one sheet, one sheet, and one sheet;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of causing damage to property, the point of causing damage to property, and the choice of imprisonment);

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. The suspended sentence under Article 62(1) of the Criminal Act takes into account each of the circumstances favorable to the means and methods of the crime for sentencing, the risk of risk of the method, the contingent crime, the victims' agreement, and the absence of any force on criminal punishment, and the recommended sentence according to the sentencing guidelines.

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