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(영문) 대전지방법원 2014.05.13 2014고단597
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 05:20 on December 27, 2013, the Defendant: (a) taken care of the victim E (the age of 45)’s desire to walk to himself; (b) taken care of the victim E (the age of 45) in the D restaurant located in Seo-gu Daejeon, Seo-gu, Daejeon; and (c) took a half of whether the above E “A” or “A” or “A” or “A”, and took four times off the victim F (the age of 45)’s hair, she emblings the victim F (the age of 45), and said E was a deadly weapon, which is a deadly weapon (the length of which is about 28.5cm, the blade length of which is about 15cm), brought about the kitchen and the part of the kitchen with a height of the above F, as the Defendant threatened the said EF, and threatened the said E EF with the death and the part of the kitchen.”

Accordingly, the defendant assaulted the victims of the kitchen, which is a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. G statements;

1. The current status of CCTV crimes and the application of Acts and subordinate statutes to photographs of tools;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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, considering that the suspension of execution is deep;

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;

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