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(영문) 청주지방법원 2014.08.21 2014고단94
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

At around 14:50 on September 1, 2013, the Defendant used the victim’s face at hand and used the victim’s face at two times, and used it as a dangerous object in the store, and used the victim’s face to the victim to “I am saw I am am son.” On the front of the Defendant’s family management “D” in the Chungcheongnam-gun of Chungcheongnam-gun of Chungcheongnam-do, and used the victim’s face.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Application of the Acts and subordinate statutes to video recordings (CCTV) (based on the victim F, witness G's specific and consistent statement and on-site CCTV images, etc., it may sufficiently recognize the facts of assaulting the victim as stated in the facts constituting the crime in its holding)

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. 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case’s crime of sentencing under Article 62-2 of the Social Service Order Criminal Act is one of the following: (a) the Defendant, who is an employee of a steel store in a competitive business relationship, has brought an improvement at his/her shop and brought the victim several times to feel the victim; and (b) the nature of the crime is heavy in light of the risk of committing the crime; (c) the method and manner of committing the crime; and (d) the degree of fear of the victim’s fear.

Even if there are some circumstances to consider the background leading to the instant crime, the Defendant, who committed a serious crime against the victim, must have taken the attitude of recognizing the mistake and seeking a letter. However, the Defendant did not appear to have a strong attitude against the victim, even though he did not seem to have committed a smooth and smooth relationship with the victim.

(b).

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