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(영문) 인천지방법원 2014.03.19 2013고단7712
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 November 1, 2013, at around 23:10 on November 23:1, 2013, the Defendant, without any justifiable reason, assaulted the victim D(54 years old) who was a dangerous object, by cutting the beer’s disease into a table, and was carrying out meals at that place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the scene of damage, photographs;

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 (see, e.g., the fact that the defendant has led to the crime in this case, and the victim does not want the punishment of the defendant by mutual consent with the victim);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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