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(영문) 전주지방법원 군산지원 2015.05.29 2015고단52
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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

1. On December 12, 2014, the Defendant in violation of the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) attempts to smoke in a “E” restaurant operated by the victim D (year 59) who is in the following city C on December 12, 2014.

A person who is required by the victim to smoke out of a restaurant, and who is required to do so, the victim boomed the main spawn and spawn, which is a dangerous object, and boomed the victim's breast and spawn, tightly tightly tightly tightly tightly tightly tightly tightly tightly blue the victim's left face with the right part of the victim's blue while carrying sick.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. At the time and place indicated in the above paragraph (1), the Defendant assaulted the victim F (31) at the victim’s face with 5-6 hand hand, with the victim’s left hand saw that the victim F (the age of 31) was marier to marier and marier, and that the victim’s face was 5-6 times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014); Article 260 (1) of the Criminal Act (amended by Act No. 12896, Dec. 30, 201); Article 260 (1) of the Criminal Act (amended by Act No. 1260, Dec. 30, 201);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

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

1. Article 62 (1) of the Criminal Act;

1. Class 1 crime on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] When the mitigation area (4-1-2 month), mitigation area (4-1-2 month), punishment not (including efforts to recover damage), or considerable damage has been recovered, the second crime [the scope of Recommendation].

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