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(영문) 전주지방법원 군산지원 2016.07.13 2014고단1197
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 11:40 on December 17, 2010, the Defendant, at the entrance of the D high water located in Sinsan-si, at the end of the D, listened to the claim that the Defendant delayed returned the Lane from the victim E (the age of 40) to the late return of the Lcar from the Defendant, and, at the end, extracted from the Defendant, the Defendant, who was in possession of a dangerous object (the length of 150cm, 20cm thickness of 20cm) one time and continuously took a fluort with the victim.

Accordingly, the defendant abused the victim by using dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to photographs extracted from No. Round;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 62 (1) of the Criminal Act (including the following favorable circumstances, etc.):

1. In light of the reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, the need for strict punishment is recognized when considering unfavorable circumstances, such as: (a) the nature of the crime is not weak in light of the applicable criminal methods in the instant case; (b) the agreement with the victim was not reached; and (c) the Defendant has a record of criminal punishment

However, in full view of various sentencing factors in this case, such as the defendant's age, environment, sexual conduct, circumstances after the crime, etc., the defendant's mistake is divided, the degree of exercise of tangible power directly inflicted on the victim is relatively minor, and the defendant's age, environment, sex, criminal conduct, circumstances after the crime, etc., the punishment like the order shall be determined.

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