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(영문) 광주지방법원 2013.06.13 2013고단1830
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six 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 04:00 on April 20, 2013, the Defendant, at the home of the Defendant’s female job-friendly victim C (at the age of 28, the United States) with B apartment 102 Dong 111, the Defendant, under the influence of alcohol on April 20, 2013, abused the part of the victim’s head head by click, which is a dangerous object that the victim was in the vicinity of the Defendant’s horse, on the ground that the victim did not take care of the Defendant’s horse, and assaulted the victim’s head bucks and bucks by drinking and launchings at once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on site photographs;

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 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 of probation and community service order, Article 59 of the Act on Probation, etc. [the decision of the sentence] violent crime group . 6. Habitual, repeated crime, special assault [special offender] - [the decision of the recommended area] mitigated area [the decision of the recommendation area] from April to one year / [the decision of the sentence] was an assaulting the victim who was a former female-born soldier with dangerous objects under the influence of alcohol, four times a fine for violation of the Punishment of Violences, etc., which is a previous crime of the same kind of crime, or one time a suspended sentence, even though the defendant had been punished once again, he/she had been punished for the crime of this case, it seems that the strict punishment of the defendant should be completed against him/her, the defendant's mistake is divided into his/her own mistake, and the defendant has been punished in the same way as the victim has not been punished in the same way as the victim was punished in consultation with the victim.

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