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(영문) 청주지방법원 2014.08.22 2014고단523
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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

1. On February 26, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) cited an empty beer and beer from the E main points of the operation of the victim D in Daejeon Jung-gu, Daejeon to the victim E main points of the operation of the victim D around 01:00, while making him/her speak.

Accordingly, the defendant received twice the victim's math from her head, and when she was faced by the victim with an empty beer's disease.

On the other hand, the defendant continued to have twice the head of the victim by displaying the victim and the empty beer's disease.

Accordingly, the Defendant carried an empty beer disease, which is a dangerous thing, and assaulted the victim.

2. The defendant shall display a monitor owned by the victim at the time and place under paragraph (1).

The market price was 70,000,000 won in total, 1 monitors, 2 drums, and 1 Vietnam was damaged and the utility was impaired.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements prepared in D;

1. Photographs of the scene of crime;

1. Application of the Acts and subordinate statutes of a statement of transactions and a statement of investigation reports;

1. Relevant law concerning facts constituting an offense, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, and Article 366 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;

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act are seriously against the defendant, and there is no criminal record other than the fine, the victim does not want the punishment by mutual consent, and the circumstances of the crime are considered, etc., the punishment shall be determined as ordered in consideration of all the conditions of sentencing as shown in the arguments.

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