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(영문) 의정부지방법원 2015.01.13 2014고단3583
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, as to the Defendants, each objection is made against the Defendants.

Reasons

Punishment of the crime

【Defendant B, on June 25, 2014, sentenced Defendant B to two years of suspended sentence of one year for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), etc. at the Incheon District Court, the said judgment became final and conclusive on September 19, 2014.

(1) On March 2, 2014, at around 16:10 on March 2, 2014, the Defendants heard finz to the effect that “fins fins fat fat fat fat fat fat fat fat D fat fat fat fat fat, G, and H, Defendant fat fat fat fat fat fat fat fat fat, G, and H, Defendant J (25), victim K (25), victim L (30 years old), and M and N, “n fat fat fat

The Defendants reported that their daily activities are compatible with the victims and their daily activities, and they made a hack pipe (1m in length), which is a dangerous object of the Defendant A, and the Defendant B and the Defendant B display the above hack pipe once on the victim’s K side side part, the victim I’s right part, the victim I’s right part, and the victim L’s h's h's h't part, and the Defendant A expressed h's h'e (1m in length) as the dangerous object, the victim I and the victim J.

Accordingly, the Defendants assaulted victims by carrying each dangerous article.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against L,O, I, and J;

1. The police statement of K;

1. Police seizure records;

1. Photographs;

1. Previous convictions in judgment: Application of the Act and subordinate statutes concerning criminal records and investigation reports (suspect B records);

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

1. Concurrent Handling - Defendant B: the latter part of Article 37 of the Criminal Act and the latter part of Article 39(1) of the Criminal Act;

1. Suspension of execution - Defendants: Article 62(1) of the Criminal Act

1. Confiscation - Defendants: Reasons for sentencing under Article 48(1)1 of the Criminal Act [the scope of recommending punishment] - Types 6 (Habitual Offense, Cumulative Offense, Special Violence) (4-1-2 months) are mitigated (special mitigation).

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