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(영문) 창원지방법원 통영지원 2016.01.28 2015고단577
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On October 29, 2014, the Defendant: (a) around the entrance guard room of the lub apartment zone located in the lub-dong in the lub-si city, the Defendant took the attitude of: (b) around October 29, 2014, the Defendant: (c) viewed the victim C (V, 24 years of age) and the victim, who is a private citizen of the neighboring elementary school, who controlled the traffic of the lub-time during the lub-time hours, to be bad for the reason that the snow is bad for the snow, and (d) carried the victim, who is a dangerous object in the surrounding area, with the lub-sized lub-sized thing that had been dangerous in the lub-type. (c) took the attitude that the Defendant was able to take the victim’s right hand by gathering a sidewalk, which is a dangerous object in the vicinity of the lub-type.

Accordingly, the defendant inflicted violence on the victim by carrying dangerous objects, and the summary of evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and D;

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

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

1. Under the grounds for sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant case, including the Defendant’s age, sexual conduct, environment, motive for committing the crime, and circumstances after committing the crime, shall be determined as ordered by taking into account the following circumstances:

The favorable circumstances: The one that is against the good: the one that is under the influence of alcohol, the one that is confisced by any contingency, and the other disadvantageous circumstances that have been agreed with the victim: The one that is intended to throw or throw a stone, bicycle, or sidewalk block, which is a dangerous object, on the ground that snow is bad, without any special reason.

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