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(영문) 전주지방법원 정읍지원 2015.04.14 2015고단56
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

At around 21:30 on January 17, 2015, the Defendant: (a) committed an assault against the victim D (52) in front of the C cafeteria located at regular Eup/Myeon; (b) brought about a insertion (60 cm, 32 m in the length of the inserted day) which is a dangerous object in the freight vehicle owned by the Defendant, one time as the Defendant’s chest was sealed by the victim at his/her own expense; and (c) committed an assault by the victim at one time in front of the C cafeteria located at regular Eup/Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each investigation report (11 pages, 39 pages of investigation records);

1. Application of Acts and subordinate statutes to a report on voluntary movement by a suspect of violence, etc.;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the confession and reflective fact, the fact that there is no criminal record exceeding the fine, the fact that the victim has agreed with the victim, and the fact that the victim is not subject to the punishment);

1. It is so decided as per Disposition on the grounds that the suspended execution is more than Article 62(1) of the Criminal Act (the grounds for discretionary mitigation);

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