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(영문) 광주지방법원 2015.12.02 2015고단2345
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 June 1, 2015, at around 02:30 on June 1, 2015, the Defendant heard from the victim D (n, 36 years of age) in Gwangju Northern-gu, the horses of "a person who was at the time," "a person who was at his/her school," and took a dangerous object at his/her own seat, which is about 14 cm in length, brought about a part of the victim's neck, and was shakinged by another hand the victim's neck.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police with respect to D, and written statement of D;

1. The victim testified that the defendant did not go to the part of the victim, or did not see the victim's neck, even though the defendant was in his hand, which is a dangerous thing. According to the victim's legal statement, the police statement of D, and the written statement of D, the victim testified that the defendant did not go to the court or assault the victim. However, the victim testified that the police did not want the defendant to be punished even in the police investigation conducted after the police was dispatched immediately after the date of the instant case, the victim agreed to the effect that the defendant did not want the defendant's punishment, such as the facts of the crime, and submitted the written agreement to the investigation agency, while submitting the written agreement to the effect that the police did not want the defendant's punishment. This fact is different from the defendant's legal statement that the victim's legal statement was too excessive. Accordingly, it is difficult to believe that the victim's legal statement was applied in excess of the law as stated in D police's written statement, D's written statement of assault and violence.

1. Articles 261 and 260 of the Criminal Act applicable to the crimes;

1. Imprisonment with prison labor chosen;

1. The Criminal Act, the suspension of execution;

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