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(영문) 대구지방법원 2015.08.13 2015고단421
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 September 6, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) directed the victim E (Nam, 23 years old) who is an employee of the said main shop, in order to have the said main store take a drinking and singing together at five D main points located in Nam-gu, Daegu-gu, Seoul, about September 22 and 45, 2014, the Defendant got the said main store to spawn in micros.

Without any particular reason, the Defendant collected one glass balance, which is a dangerous object on the table, from the victim E to the victim E, and ran the head of the victim E, and ran the victim F, who is an employee at the above main point, expressed a bath to the victim F, who is an employee at the above main point, and 29 years old, collected two glass balance, which is a dangerous object on the table table, towards the victim F, toward the victim’s chest and the right side, respectively.

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

2. The Defendant assaulted the victim by walking the back part of the victim G (Nam, 25 years old), who is an employee of the above main shop, in the time, place, E, and F, in the assault case of the above paragraph (1) above, the Defendant reported to the police, Kater, and Kater, and “En Man Man Man Man Man Man Man Man Man.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to E, F, and G;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 2 (1) and Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the punishment of the crime (the point of violence and the choice of imprisonment);

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 reason for sentencing under Article 62-2(1) of the Criminal Act of the community service order is the first crime [the scope of recommending punishment].

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