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(영문) 대전지방법원 2014.01.24 2013고단4042
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On February 23, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) at the Daejeon District Court on February 23, 201, and completed the execution of the sentence on November 7, 201.

1. Around September 23, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective assaulting with a deadly weapon, etc.) committed assault against the victim E (the age of 30) who had drinking alcohol in other malgorarascs in front of the D convenience point in Daejeon-gu Daejeon-gu, Daejeon, while drinking alcohol in front of the D convenience point, without any justifiable reason, and used a bath for the victim E (the age of 30) as a dangerous object at the same time.

2. At around 03:20 on September 23, 2013, the Defendant publicly insulting the victim by publicly insulting the victim by referring to “whether or not he or she was suffering from about about how he or she was exposed to she, how much he or she was exposed to she, how much he or she was exposed to she, how he or she was exposed to her he or she was dead,” among civil petitioners, such as EG, etc., in the F District of the Daejeon East Police Station.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (limited to the same criminal records and repeated crimes);

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 1 of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), Article 311 of the Criminal Act (the point of insult and the choice of

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The reason for sentencing of the proviso of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act among concurrent offenders is [the scope of recommending punishment] The violent crime group, assault crime (type 6), mitigation area, prison labor for April to February 1] The sentence of the same repeated crime in February 1 year and 2 months, the sentence of the same suspended execution, the two times of the same suspended execution, and the five times of fines for the same crime against public officials. In light of the fact that the criminal act against a person related to a repeated offense includes the crime of obstruction of performance of official duties, the crime of damage to public goods, etc. in the name of the person related to the repeated offense as stated in the ruling

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