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(영문) 대구지방법원 안동지원 2015.02.06 2014고단409
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for 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

On April 22, 2014, the Defendant: (a) around 07:15, the Defendant: (b) operated by the victim C (the 56-year-old) in front of the apartment house located in the Dong-dong, Dong-dong, Dong-dong, on the front of the road, that the D taxi does not turn on the road; and (c) operated by the victim from the taxi, while driving the E taxi, which is a dangerous object on board the Defendant, while driving the horse fighting, and received the victim’s body by driving the E taxi, which is the mother of the cargo vehicle.

Accordingly, the defendant abused the victim by using dangerous things.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. C’s legal statement;

1. Application of Acts and subordinate statutes to the investigation report;

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 for discretionary mitigation;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act / [Scope of recommending punishment] The mitigated area (Habitual, Cumulative, and Special Violence) (4 to 1.2 months) of the mitigated area (special mitigation), the punishment not (including serious efforts to recover from damage), or the recovery of considerable damage (decision of sentence] the circumstance of the crime and the fact that the defendant agreed with the victim as the primary offender, etc.

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