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(영문) 창원지방법원 거창지원 2014.04.02 2014고단31
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Around December 27, 2013, the Defendant, in violation of the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed an act of assaulting the victim by carrying a dangerous object, such as neglecting the victim’s right, by taking the victim’s face, on his/her hand, under the influence of alcohol at the “Dju shop” operated by the victim C (Woo-gun and 39 years of age), who was in the second and second floor of the Gyeongnam-gun, Chungcheongnam-gun, and without any special reason. The victim’s resistance (15 cm), took a dangerous object (15 cm) on the ground of the victim’s resistance, and continuously took the victim’s face, and continuously took the victim’s fire extinguisher, which is a dangerous object, and attempted to get the victim to get off, and assault the victim by carrying the dangerous object, such as neglecting the victim’s right to flee.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) added the head debt of the victim E (hereinafter referred to as 45 years of age) to his/her hand and sealed the head of the victim E (hereinafter referred to as her 45 years of age) to his/her hand, and led the victim to the above main debt point for about 15 minutes. The victim “I am in order to make the victim feel her interest,” and tried to her luse disease, which is a dangerous thing in the above main point, and threatened the victim with a luse, who is a dangerous thing prior to the above main point, and threatened the victim by carrying the dangerous thing, such as attempting to harm the victim and threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of field photographs and photographs statutes;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act concerning the punishment of crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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