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(영문) 춘천지방법원 2014.09.25 2014고단360
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six 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 January 18, 2014, at around 00:45, the Defendant, at the “E” restaurant for D’s operation in Switzerland-si, the Defendant, while drinking together with the Defendant’s wife, brought about a disturbance, such as gathering a grat in the said restaurant on the ground that the said D was in the process of drinking it, and then, the Defendant told the victim F.F. (the age of 43) who operated the main points in the said restaurant.

Accordingly, the Defendant saw the Defendant as his hand a single-name “knick” (20cm in knife length) which is a dangerous object in the above restaurant, and called “packer, spacker, spacker, spacker, spacker, spacker, and booms in prison,” thereby displaying the victim’s knife toward the victim. The Defendant followed the victim by driving away from the above restaurant, thereby taking one-time the victim’s hair back to the floor.

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

Summary of Evidence

1. Each legal statement of witness F and G;

1. Statement made to D by the police;

1. Application of related Acts and subordinate statutes to 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for the sentencing of Article 62-2 of the Criminal Code of the Probation and Social Service Order [Determination of Punishment] Violence (Determination of Habitual, Cumulative Offense, Special Violence) [Determination of the recommended area] Basic Field / [Determination of the recommended area ] June to 1 year / [Suspension of Execution] / Main reasons for such commission : not less than positive punishment (including substantial efforts to recover damage): A person who has been sentenced to suspension of execution on more than two occasions adversely: A person who has been sentenced to suspension of execution and a person who has been subject to general participation: A person who has a clear social relation [Determination of the sentence] and a person who has been sentenced to two times the same kind of crimes.

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