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(영문) 부산지방법원 2015.08.13 2015고단1101
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for one year.

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 January 26, 2015, at around 15:35, the Defendant reported that the victim E (year 42) who was inside the cafeteria in Busan City, the cafeteria was smoking tobacco from the Defendant’s side table, and demanded the victim to smoke tobacco outside the cafeteria.

The Defendant, who was dissatisfied with this, was able to frighten the victim’s desire, and frighten with frighten outside the above restaurant, and was frightened by having frighten with the victim, and had frightened with the victim, and frightened with the dangerous object in advance (a total length of about 15cm, about 9cm in length of knives).

The Defendant, behind the victim who seeks to continue to resign from fighting, committed assaulting the victim by having the victim wear the lower part of the victim by hand, and then having the victim wear the excessive part of the victim first, while driving the victim’s chest in his hand, and having the victim teared.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on investigation;

1. Application of excessive photographic Acts and subordinate statutes;

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

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

1. Where the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order [the range of recommending punishment] is the case where the person committed a crime by the threat of force of an organization or a large number of people, or carried a deadly weapon or other dangerous articles (excluding the case where special assault is applied] (the decision of sentence] the criminal records of the defendant, the contents of the crime in this case, the degree of damage, etc.;

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