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(영문) 광주지방법원 목포지원 2014.06.12 2014고단569
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

On April 24, 2014, around 01:17, the Defendant took the victim D(41 years of age) and alcohol at the “C” restaurant in Fagpo City B, and the victim’s head was at one time due to a small-scale illness, which is a dangerous object on the customer without any special reason, while drinking the victim D(41 years of age) and alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to victim photographs and field 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Determination of types of crime: Type 6 of assault crime;

2. Determination of the scope of sentence: Reduction area, four months to one year and two months (person who is a special mitigation offender: not subject to punishment);

3. Determination of sentence and suspension of execution shall be determined by reducing the amount of punishment for the accused within the sentencing criteria in consideration of the fact that the accused acknowledges and reflects his mistake, the agreement with the victim, the fact that the accused appears to be an unforeseeable contingent crime, the fact that the accused has no history of criminal punishment exceeding the fine, the age, character and conduct, family relationship, etc. of the accused, and the sentence against the accused shall be suspended and the execution thereof shall

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