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(영문) 대전지방법원 천안지원 2015.09.10 2014고단1131
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six 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 08:30 on January 7, 2014, the Defendant used a knife (total length 30 cm, 16 cm) which is a dangerous object in the main room where there is a defect in drinking together with the victim D(53 years of age), E, and F, the Defendant used the victim's knife (total length 30 cm, 16 cm in a knife length) and used the victim's knife with a knife, and used the victim's knife knife with both hand.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D's statement and the witness E's partial statement;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, the choice of imprisonment with labor, and the choice of imprisonment with labor for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act suspended execution.

1. Reasons for sentencing under Article 62-2 of the Probation Criminal Act [Scope of Recommendation] In the case of assault crime of Type 6 (Habitual Offense, Habitual Offense, Special Violence) [Special Mitigation] [including a serious effort to recover damage], or considerable damage restoration [decision of sentence], but even according to witness D’s testimony, the witness could have easily avoided the presence of the witness as the defendant was taken by the defendant at the time of his testimony. Such circumstance, the victim does not want the punishment of the defendant, the defendant's health status is not good, the defendant is detained for a considerable period of time, and the defendant seems to have been detained for a considerable period of time.

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