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(영문) 대전지방법원 천안지원 2014.02.06 2013고단1431
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

Defendant,

1. On October 8, 2013, around 07:30, at the defendant's dwelling place located in Asan City B, at the defendant's living room located in Asan City requested the victim C (the female 20 years old), living together (the female 20 years old) to take a debt guarantee, but the defendant was refused to take a brue, but the brue, which is a dangerous object ( approximately 100 cm in total length, No. 100 m, No. 1), committed assault, such as the victim's bruth of the brue and walking the bridge one time to walk.

2. At around 07:34 on the same day, at the end of the Defendant’s residence, the victim D (20 years of age) who was a land owner of C (the 20-year-old) who was called for help from C at the time of the Defendant’s residence was assaulted by girls, which is a dangerous object laid down in the garden, as they were extracted from the total length, approximately 105 cm, No. 2.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement of C and D;

1. On-site photographs;

1. Application of each of the existing Acts and subordinate statutes to one seized wood inspection (No. 1), one chain pipe (No. 2);

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. Of concurrent crimes, the punishment for concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes provided for in the Punishment of Violences, etc. against Victims C with a heavier judgment);

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

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act is dangerous, but the defendant is making a confession of all the facts of crime as a primary offender, the victim C does not have any punishment against the defendant, and

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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