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(영문) 전주지방법원 2015.08.13 2015고단511
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)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 February 28, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., damage, etc.) stated that G was debrised under the influence of alcohol at E main points operated by the victim D in Gunsan-si, Sinsan-si, and that G, who was ordered by F, an employee of the said main point, was debrised by the Defendant, and that other customers, upon F’s request by the said F, did not shake the Defendant, the said G expressed that “the bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch mar, and was dried with the metal pole at a wooden pole of the said main point.

Accordingly, the defendant carried dangerous objects and destroyed the unclaimed property in the market price managed by the victim.

2. The Defendant violated the Punishment of Violence, etc. Act (collective assault, deadly weapon, etc.) committed a violation of the said date, time, place, and four iron chairss, which were dangerous objects at the said main points for the said reason, were collected from the victim G (the age of 37) who is a guest and the victim F (the age of 27) who is an employee, and went to the body of the victim G.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to report internal investigation (including attachment, etc. of field photographs as at the time of arrival of the site);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (a crime of carrying a dangerous object);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Suspension of execution has been repeated under the favorable circumstances among the reasons for sentencing under Article 62(1) of the Criminal Act.

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