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(영문) 인천지방법원 2014.11.19 2014고단6035
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

Criminal facts

On July 10, 2014, at around 20:10, the Defendant used the victim’s head, who was at the end of the “C” convenience store located in the Nam-gu Incheon Metropolitan City, without any justifiable reason, and used the victim’s head to assault the victim by taking advantage of the difference in the quality of fraud, which is a dangerous object on a simple customer, while making a dispute with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the remote photographic;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 260 (1) of the Criminal Act;

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

1. The reasoning of the suspended sentence under Article 62(1) of the Criminal Act (the decision of a suspended sentence) for the sentencing of Article 62(1) of the Criminal Act (the decision of a suspended sentence) includes the following: (a) types 1 (general assault elements); (b) minor assault (the scope of recommending punishment 2 and 4) / [the decision of a sentenced sentence / [the decision of a sentenced sentence] from January to August (the decision of a sentenced sentence]; (c) however, considering the relatively minor degree of assault, the execution of imprisonment with prison labor against the defendant is suspended.

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