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(영문) 대전지방법원 2016.11.16 2012고단4728
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 1, 201, at around 00:05, the Defendant: (a) went to a restaurant near the Daejeon Dong-gu Daejeon-gu, Daejeon-gu, where the Defendant was drunkly drinking in the front of the C, and went to a restaurant near the area where she was drinking. without any justifiable reason, the Defendant: (b) “Werman Lacker”; (c) “Isnicker Lacker Lacker Lacker,” and “Isnicker Lacker Lacker Lacker,” and (d) flicker’s flick and head flick; (b) flicker’s face and head flick; and (c) flicked the head flick; (d) flicked the head flick; and (e) flicked the victim’s flick, and flick the body flick, etc., requiring approximately

2. On October 1, 201, at around 00:15, the Defendant assaulted the victim with a flag ( approximately 24cm in total length, approximately 13.5cm in length), which is a dangerous object in the packing flag near the above place, and without any reason, he was seated on the victim E (ma, 45 years old) who was sitting next to the flag.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement of the F, D, and E;

1. Records of seizure and the list of seizure;

1. household photographs used by the suspect A, victim E, and D's upper part of the body part of the victim E, and the victim E's upper part of the body part of the victim E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act (the occupation of assaulting carrying dangerous articles and the choice of fines) to commit the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Considering the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the fact that there is a high risk in light of the background of the crime and the method of the crime, and that the victims have not recovered from their damage, etc. disadvantageous circumstances.

Considering the favorable circumstances, such as the fact that it appears to lead to the instant crime under the influence of alcohol and the fact that it is not serious damage.

In addition, all the sentencing conditions are imposed.

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