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(영문) 대구지방법원 서부지원 2016.12.22 2016재고단24
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

At around 03:20 on March 31, 2013, the Defendant found D fighting in front of the CPC bank located in Daegu Seo-gu B, and discovered that the victim E (the age of 16) and F (the age of 17) at the site were fighting with the aforementioned D, and discovered each item (the length of about 120cm, the diameter of about 10cm, and approximately 10cm) of the dangerous object in the vicinity of the victim E, sent the victim E’s arms to the victim E, was displayed on two occasions by the head part of the victim F, who was adjacent to the above item, and suffered from two times the head of the F, his hand, and the head of the F, who was f, on two occasions.

Accordingly, the defendant committed violence to victims by carrying each item of dangerous article.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Article 261 of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Social service order under Article 62-2 of the Criminal Act;

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