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(영문) 의정부지방법원 2015.02.06 2014고단3779
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

On October 3, 2014, at around 03:10 on October 3, 2014, the Defendant assaulted “D” main points located in Namyang-si, C, with the influence of alcohol, and without any reason, the victim E (the age of 25) and the victim F (the age of 47) who were seated in another truster.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of each statute of G, F and H’s written statements;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of the following favorable circumstances, etc.):

1. Article 62 (1) of the Criminal Act (Consideration to the following favorable circumstances, etc.):

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] Where the degree of assault is relatively insignificant (Article 1, 6, and 7) (Article 1, 6) (Article 7) (Article 62-2(1) of the Act on the Punishment, etc. of Community Service and Order to Attend, where the degree of assault is mitigated (Article 6 of the Act on the Punishment, etc. of Habitual Offenses and Special Violence) (Article 1, 6, and 7) (Article 8 months of imprisonment and suspension of execution (Article 62-2(1)) (Article 62-2(1) of the Act on the Punishment, etc. of Juveniles and Order to Attend

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