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(영문) 춘천지방법원 원주지원 2014.10.29 2014고단806
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 of the final judgment.

Reasons

Punishment of the crime

On August 14, 2014, at around 12:55, the Defendant: (a) committed assault, in a restaurant of “C” in “C” in “C” in “Saju City-si-si-si-si-si-si-si (hereinafter “C”), on the one hand, while drinking alcohol together with the victim D(45 years of age), the Defendant continued to speak against the victim who was aged older than himself; (b) took the victim’s resistance against the victim; and (c) took the victim’s desire to hear, the Defendant used the victim’s illness, which is a dangerous object, to take the victim’s face on one hand, and then took the victim’s face four times, and knee-kne, making the victim’s breast part one time.

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 damaged parts and photographs of criminal implements;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for six months to fifteen years; and

2. Application of the sentencing criteria;

(a) Determination of types: Violence crimes, assault crimes, and six types;

(b) Persons who are specially sentenced to punishment: The elements of mitigation;

(c) Scope of recommendations: Reduction area, April to February; and

3. Determination of sentence: Imprisonment with prison labor for not more than eight months, suspension of execution for two years, suspension of execution for violence therapy for 40 hours (limited to reasonable circumstances), the risk of committing a crime, three times the same kind of electricity (including one time of suspension of execution of imprisonment);

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