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(영문) 대구지방법원 2015.04.24 2015고단502
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On December 20, 2014, the Defendant: (a) around 23:10 on December 20, 2014, 2014, entered the victim D with the first floor of Daegu-gu C Underground 1 (the age of 44) as a customer and was waiting for the order of singing, and (b) did not enter the order as soon as possible while the Defendant was waiting for the order of singing, and (c) found the victim as a camera, who was a dangerous object on the Kabter while taking the Kabter’s bath, brought the victim’s back to the Kabter with the victim’s head car and assaulted the victim by hand.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on D;

1. Descriptions of the investigation report (Attachment of photographs) and the application of video Acts and subordinate statutes;

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 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (refluence of favorable sentencing conditions among the reasons for sentencing under the following), [the scope of applicable sentences under the law] 6-6-15-year imprisonment [the determination of a sentence] violent crime (a person who has been sentenced to imprisonment] - Where the element of mitigation is punished (including a serious effort to recover damage) or considerable part of damage is restored [the decision of the recommended area] 4-1-2 months [the scope of the recommendation area] - Where the person committed a crime by force of a negative group or multiple groups, or by carrying a deadly weapon or other dangerous object, or where the person committed a crime by carrying a deadly weapon or other dangerous object: The main reason for sentencing: The positive sentencing sources (including efforts to recover damage) - The defendant has been punished five times as a crime of violence, and the defendant has been punished five times as a fine, and the punishment of suspension of indictment in the District Prosecutors' Office Act by the Act on Punishment of Violences, etc. (a violation of the Punishment of Violences, etc.) in the Act.

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