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(영문) 울산지방법원 2014.07.17 2014고단1023
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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

The defendant is a person who has no certain occupation and has worked as a steel hole at the construction site B at the relocation site.

1. Around 13:40 on March 6, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective crime, deadly weapon, etc.), while drunk in front of the security room at the construction site B at Yangsan-si, and the head of D having a flick with the victim C (the age of 46, South) who works together with his her flicker C, and on the ground that he does not have a flicker with his flicker’s re-employment during his flicker’s re-employment, the Defendant collected stones (a flick, 5cm x 10cm x 10cm m m

Accordingly, the defendant used dangerous objects to assault the victim.

2. At around 14:20 on the same day as Paragraph 1, the thief Defendant entered the restaurant, which is a restaurant operated by the victim F (70: South) in Yangsan-si E, and brought down the restaurant near the commercial library using patrol cars after having been reported due to the above acts. However, in order to re-employment problems, the Defendant entered the restaurant at the above restaurant and entered it into the kitchen with a 60,000 won knife (22 cm a day, 12 cm a knife) of the market value in which the victim does not see.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 3 (1), Article 2 (1) 1, Article 260 (1) and Article 329 of the Criminal Act concerning facts constituting an offense, and Articles 3 (1), 2 (1) 1, and 260 (1) of the Punishment of Violences, etc. Act, Article 329 of the Criminal Act;

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

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

1. The defendant for the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order is unable to do so even though he/she has a large number of violence.

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