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(영문) 대구지방법원 2014.09.04 2014고단3567
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 April 6, 2014, at least 04:30, the Defendant expressed the victim’s desire to “Sechop?” because the victim’s behavior did not see, while drinking alcohol, such as E, F, and the victim G (at the age of 45) that caused entertainment, at the two places of D entertainment bars located in the Gandong-gun, G, and entertainment entertainment. However, on the ground that the victim slids around the table, the Defendant collected one two-way freeboard, which is a dangerous object on the table, and led the victim to the head of the victim, and caused the victim to walk back.

In addition, the defendant had a drinking water cans on the table, and had the victim collected, and he was faced on the part of the female.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of some of the statements made by the prosecution against the accused in the protocol of interrogation of suspect (including the G's statement);

1. Each police statement related to G and H;

1. The application of the law to the victim's photograph [to the extent that the defendant did not sprink the victim's back water, and did not sprink the victim's back water cans. However, according to the consistent G's consistent statement and H's statement, etc., it is sufficiently recognized that the defendant committed assault against the victim as stated in the judgment of the court below]

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;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (6-10 months and 6-10 months) of the crime of assault (Habitual, Habitual, Habitual, and Special Violence) [decision of sentence] The defendant was engaged in two-way glass cup, which is dangerous goods and has high risk of being punished for a same crime in 2012, and there is no record of being agreed with the victim.

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