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(영문) 광주지방법원 순천지원 2014.10.14 2014고단1169
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

At around 23:45 on June 25, 2014, the Defendant: (a) expressed the victim D (year 41) who is a birthed son at the “Cju’s store” located in Macheon-si B as the main store without any reason; (b) taken the beer’s disease, which is a dangerous object, and was frighted to the victim’s body; and (c) taken the victim’s face at one time due to drinking.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site photographs;

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. It is so decided as per Disposition in light of the following: (a) although there are unfavorable circumstances such as the Defendant’s reason for sentencing under Article 62(1) of the Criminal Act has a record of being punished several times for the same kind of crime; (b) the degree of damage is insignificant; and (c) the Defendant agreed with the victim.

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