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(영문) 대구지방법원 서부지원 2014.07.24 2014고단703
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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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 03:20 on March 31, 2013, the Defendant found D fighting in front of the CPC bank located in Daegu Seo-gu B, and discovered that the victim E (the age of 16) and F (the age of 17) at the site were fighting with the aforementioned D, and discovered each item (the length of about 120cm, the diameter of about 10cm, and approximately 10cm) of the dangerous object in the vicinity of the victim E, sent the victim E’s arms to the victim E, was displayed on two occasions by the head part of the victim F, who was adjacent to the above item, and suffered from two times the head of the F, his hand, and the head of the F, who was f, on two occasions.

Accordingly, the defendant committed violence to victims by carrying each item of dangerous article.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act: The crimes of assaulting Class 1 [Scope of Recommendation] and Class 6 (Habitual Cumulative Offense, Cumulative Offense, Special Violence) and Class 2 (Restigious Assault...........) of the basic area [Scope of Recommendation] of the crimes of assaulting Type 6 (Habitual Offense, Habitual Offense, Special Violence.......... (Special Mitigation) [Scope of Final Sentence] of the mitigation area (4-1 and 12 months] [Special Mitigation] of the mitigation area (4-1 and 2 months): The scope of final sentence due to the aggravation of punishment for multiple offenders:

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