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(영문) 대구지방법원 2016.01.21 2015고단2566
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3...

Reasons

Punishment of the crime

On February 25, 2015, the Defendant: (a) around 20:50, at the “E restaurant located in Busan Metropolitan City, the Defendant used the victim F (n.e., 40 years of age) who is an employee, to fluoral disease, which is a dangerous object, and used the victim’s head, to display the victim’s head toward the victim’s hand; and (b) committed assault against the victim by putting the victim’s head head knife in hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police with F on-site CCTV (in light of the form and content of documents, there seems to be no room for false intervention in the preparation of documents, and the person who made the statement merely clearly and in detail describes the specific details and detailed parts of the circumstances, and also supports the statement after cutting off on-site CCTV, and the screen is also supported by the statement. As F is summoned as a witness due to his unknown whereabouts, even if the cross-examination cannot be conducted, its credibility is sufficiently guaranteed, and its admissibility is recognized in accordance with Article 314 of the Criminal Procedure Act);

1. A complaint (the admissibility of evidence is recognized for the above reasons);

1. On-site CCTV closure screen (the Defendant does not display the victim’s head with the victim’s head, but in full view of F’s statement and CCTV closure screen, etc., it is sufficiently recognized that the Defendant citing the f’s disease as indicated in the facts constituting the crime and display the victim’s head to the victim’s head.)

Application of Statutes

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act / [the scope of recommendations] The mitigated area of Class 6 (Habitual Habitual Offense, Habitual Offense, Special Assaults) (4-1-1-2) (Special mitigated / [Pronouncement Decision] The punishment is not sufficient for the following crimes: (a) the defendant carried a scopic disease, which is a dangerous object, to put the victim into danger; (b) the victim is highly dangerous; and (c) the female employee's head scopic and scopic violence is not good.

(b).

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