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(영문) 대구지방법원 안동지원 2015.01.23 2014고단881
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:30 on May 18, 2014, the Defendant collected characters (90cm in length) which are dangerous objects in the family and side of the Defendant, on the ground that the victim D (50 years of age) and the removal of trees were humped by the Defendant’s house, which were located in C in C, and took a dangerous object (90cm in length) on the ground that the Defendant hump had her hump expressed her hume on the ground that she had her hump, and her hump., and her hump was dumped four times in part.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 260 (1) of the Criminal Act;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] Crimes under Article 62 (1) of the suspended sentence shall be taken into account, such as the circumstance leading to the instant crime, the circumstance leading up to the Defendant’s mistake, and the fact that the Defendant deposited KRW 1 million for the victim, in cases where mitigation area (4 to 1 year and 2 months) is mitigated (special mitigation), a person who is not subject to punishment (including serious efforts to recover from damage), a person who is not subject to punishment (including special mitigation), or considerable partial recovery from damage (decision of sentence

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