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(영문) 대구지방법원 김천지원 2014.06.12 2014고단259
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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

On March 1, 2014, the Defendant: (a) around 20:15, the victim E (the age of 57) who was seated next to the Defendant was able to take a bath about the Defendant while drinking a mixed person at the D cafeteria located in the Gumi-si, Gumi, which led the Defendant to take a boom, which is a dangerous object in the cafeteria, and the victim was able to get out of it, and the victim again gets out of it, and assaulted the victim to be in accordance with the victim’s head and head and part.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Application of statutes on site 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. Articles 53 and 55(1)3 of the Criminal Act (see the following reasons for sentencing) 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 and Article 59 of the Act on Probation, etc. is one kind of property damage in 2008. From 2009 to 2012, each Defendant was punished by a fine for one drinking, one drinking, two drinking, and two driving without a license, and in 2013, the Defendant was under the influence of alcohol, such as being subject to a disposition of non-prosecution for a mutual assault with friende and friende. It is not clear that the relationship with friende and friende is still apparent. In the case of the crime of this case, it cannot be said that the victim of the site of this case had a friende under the influence of alcohol. However, considering the fact that it cannot be said that the victim was under the influence of the head of friende and was under the influence of alcohol, the Defendant’s order of confession and punishment cannot be divided into one’s own agreement.

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