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(영문) 의정부지방법원 2014.09.19 2010고단804
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 2, 2010, the Defendant assaulted the victim, i.e., the victim E (year 35) and the Defendant’s first-hand F, while drinking alcohol at the D cafeteria located in the Gu Office C, on the ground that the said victim had a head of F, while drinking alcohol, the Defendant committed assault against the victim, i.e., the victim, who was on the customer’s back to the T Doctrine, followed the victim’s disease again, citing the victim’s head.

Summary of Evidence

1. Examination protocol of suspect E by the prosecution;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to photographs of violent damage;

1. The reason for sentencing under Article 260(1) of the Criminal Act and Article 260(1) (Selection of Imprisonment) of the Act on the Punishment of Criminal Crimes [Scope of Recommendation] Where a person commits a crime by force of an organization or multiple groups, or carries a deadly weapon or other dangerous articles (excluding cases to which special violence is applicable] under the jurisdiction of the Republic of Korea (excluding cases to which special violence is applicable), there is no record of the crime committed in the Republic of Korea. However, in light of the fact that the Act on the Punishment of Criminal Crimes in this case does not have any record of the crime, and the degree of damage is significant, and the victim refuses to reach an agreement with the defendant and wishes to punish the defendant, a sentence against the defendant is inevitable. Furthermore, considering all these circumstances and other circumstances, the sentence against the defendant is inevitable, taking into account various circumstances, including the age, occupation, character and conduct of the defendant, and circumstances after the crime, as a whole, various circumstances constituting the conditions for sentencing in the record.

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