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(영문) 대전지방법원 홍성지원 2015.02.03 2014고단599
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 4, 2014, around 19:18, the Defendant: (a) was confirmed by the victim E (the age of 24) who purchased tobacco from the Defendant’s “Dart” in the Defendant’s operation located in Boan-si, Boan-si, and used the victim’s breath by gathering off the batteries, which is a dangerous object on the part of the victim, in order to receive a refund of his/her identification card, he/she used the victim’s breath by cutting off the batteries, which is a dangerous object on his/her hand, on his/her left hand.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Investigation report (referred to as violence, collective violence, deadly weapons, etc.);

1. Application of CCTV image CD-related 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. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., that the victim does not want the punishment of the defendant by mutual consent with the victim; that at the time of the crime of this case, the defendant, at the time of the crime of this case, was placed on the cell part of the victim; and that the victim was either threatened or threatened with the cell part of the victim; that was, the victim did not look at the cell part of the cell part of the cell part; and that the victim was flicked with the cell part of the cell part of the cell part in the situation where the cell part was put on the left hand; and that the victim did not suffer damage

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The gist of the argument was that the Defendant cited the cell section in the left hand at the time of the instant case. However, in the course of the Defendant’s attempt to display the victim under the influence of alcohol in a marina, the victim is fluor by leaving the cell section in his left hand and by threatening the Defendant, etc. to prevent it.

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