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(영문) 창원지방법원 통영지원 2015.09.04 2014고단1165
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

At around 23:40 on December 7, 2013, the Defendant: (a) while drinking the Defendant’s daily and friendship E and drinking in the “D Frequencybook” located in C, the Defendant: (b) was working at the victim F (the 32 years of age), who was drinking in the right side; (c) was in a dispute; (d) the victim’s daily drinking in the right side; and (e) went through the dispute; (e) was fluent with the teb, which performed the drinking; and (e) was fluent with the teb, which was a dangerous object on the table that the Defendant performed the drinking; and (e) was fluent with the meb, which was fluened by the Defendant, boomed with the mebbbb, wherein the me was seated by the Defendant, and then fluencing the me on the part of the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Partial statement of the witness H in the court;

1. A copy of the protocol of interrogation of the police officer with regard to I (including J substitute part);

1. In full view of the fact that the police statement of F and G (F's statement is consistent with the investigation agency and the court; credibility is recognized in light of the background and content of the statement; G, I, and J's respective statements conform to F's each statement; F's each statement also conforms to F's false statement; F's conspiracys with each other and there is no reason or probability to make a false statement; H and the Defendant also acknowledged that a major soldier's disease was broken and that F was fit for the strike during the process of forming a major soldier on the table table, it is recognized that the Defendant committed an assault by carrying a major soldier as stated in the facts constituting an offense. Accordingly, the argument of the Defendant and the defense counsel disputing this point is not acceptable).

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 of the community service order;

1. Scope of recommendations according to the sentencing guidelines - Types 6 (Habitual, Cumulative, Special Violence) shall be from six months to six months in the basic area.

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