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(영문) 청주지방법원 2014.04.17 2014고단38
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 23:30 on December 31, 2013, the Defendant: (a) took a bath against E, the owner of the above main shop, without any justifiable reason, while gathering and putting the empty beer’s disease, which is a dangerous thing; and (b) took one time selling the left arms of the Victim F (50 years of age) to prevent the display thereof; and (c) took another beer’s disease away from the floor of the above beer’s disease by gathering the back part of the victim’s timber.

In this respect, the defendant carried a dangerous object with beer disease, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to report on investigation (Hearing statements by shots);

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. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation is divided and reflected in depth, and the victim does not want the punishment of the defendant, and there is no record of having been sentenced. However, the crime of this case committed by the defendant with drinking at the main point and assaulting another person with beer disease without any special reason is not good in light of the risk and circumstance. In particular, on October 11, 2013, the Cheongju District Court has been repeatedly punished as an incidental or disturbing act of drinking alcohol. In particular, on October 11, 2013, the crime of similar kind of crime was committed since the date of sentence since August 201, after being sentenced to a two-year period of suspended sentence due to interference with business, etc., the above suspended sentence became final and conclusive on October 19, 2013, and requires correction of the defendant's environment and behavior, and it is necessary to punish the defendant.

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