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(영문) 대구지방법원 2015.02.11 2014고단6193
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 28, 2014, at around 11:00, the defendant, in front of the office in the construction site of a factory in Yongcheon-si B, and the office in charge of the internal construction team working in the above field, used the materials to put about about 1 meter of length, which is a dangerous object that he had a chemical dispute with the victim D (ma, 31 years of age).

Accordingly, the defendant committed violence to the victim with dangerous things.

Summary of Evidence

1. Each legal statement of the defendant and E;

1. A protocol concerning the examination of each police suspect against F, G, or D;

1. Statement of D police statement;

1. The head of a complaint, a written diagnosis of injury, a photograph, a criminal investigation report, a criminal investigation report (in addition to field photographs), a field photograph, and a criminal investigation report (in relation to the personnel of the internal team, applicable to the other investigative statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 260 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing) is to be determined as follows: (a) the confession and reflect of the crime by the defendant; (b) the payment of 4 million won to the victim and the full agreement with the victim is made; (c) the defendant is the first offender who is disabled at class 5 with a delay disability and has never been punished at all; and (d) the various reasons for sentencing as shown in the arguments of this case, such as the defendant's age, character and behavior, intelligence and environment, intelligence and environment, family relationship, motive, means, means and consequence of the crime; and (e) the sentencing guidelines (the crime group, assault crime, type of six, mitigated area of mitigation, scope of recommendation:

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