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(영문) 대구지방법원 포항지원 2015.07.16 2015고단290
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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

At around 00:10 on April 6, 2015, the Defendant: (a) at the main point of “C” located in Nam-gu B, Nam-gu, Nam-gu, the Defendant: (b) taken the victim’s face four times on the floor of hand; (c) taken the head of the victim from the beer’s disease, which is a dangerous object stored in the cooling house, one time; and (d) taken six times the face with the floor of hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment of Assaults Using Matern Disease);

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 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] Crimes of Violence (Habitual Cumulative Offense, Habitual Assault. Special Violence) [Special Mitigation] mitigated area (limited to four months of imprisonment or one year and two months of imprisonment), punishment not to be imposed (including serious efforts to recover damage), or where considerable damage has been restored (limited to a sentence decision] unfavorable circumstances: The method of committing a crime, such as assaulting the head of a victim who is a body as a major body part of a beer disease due to beer, and the method of committing a crime and attitude are highly dangerous; the defendant has a favorable history of punishment due to a crime related to violence, including suspended sentence, and there is no sentence to be sentenced; the defendant has agreed to pay medical expenses, etc. to the victim; and there is no sentence to be sentenced;

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