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(영문) 광주지방법원 목포지원 2015.08.13 2015고단292
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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

1. On December 2, 2014, from around 08:00 to around 10:50 of the same day, the Defendant obstructed the victim’s instant D business by force by force, such as: (a) the victim was heeped by “D” in the operation of the Donera-gun, Chungcheongnam-gun, U.S. (hereinafter “D”) on the ground that the victim was heeped; (b) the victim was hicked; and (c) the customer was hicked.

2. The Defendant destroyed and damaged property, at the time and place indicated in paragraph 1, by putting on the floor the victim’s gas column, 1, 2, 1, 1, and 1, etc., where the market price is unknown.

3. The Defendant violated the Punishment of Violence, etc. Act (collective assault, deadly weapon, etc.) stated in paragraph (1), at the time and place specified in paragraph (1), and assaulted the victim C (the 29-year-old-old-age-old-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-and-child-child-child-age-age-age-age-and-child-child-child-age-age-age-age-and-child-child-age-age-age-age-and-child-child-age-age-age-age-age-age-age-age-and-child-age-and-child-age-and-child-age-and-child-age-and-child-child-age-age-

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes concerning victim victim photographs and field photographs;

1. Relevant Article of the Criminal Act, Article 314(1) of the Criminal Act that allows the choice of a punishment for a crime, Article 314(1) of the Criminal Act that allows the choice of a punishment, Article 366 of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 260(1) of the Criminal Act (a) 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Probation;

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