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(영문) 부산지방법원 2015.05.07 2014고단7854
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a daily worker who has been accommodated for a long time in the Dives of the victim C (year 41) in Seo-gu, Busan.

On September 4, 2014, at around 21:30, the Defendant avoided disturbance, such as breathing a breath by drinking in the 2nd floor of the D, and humping the victim, who has heard the sound of the 2nd floor, and got up to the 2nd floor, and displayed excessive (25 centimeters in length) as a dangerous object. The Defendant humping the victim, who has frighted, was the victim of the 1st floor, with the hump (40 centimeters in length), hump (40 centimeters in length), and hump (40 centimeters in length), hump (the victim of the huming victim), humped the victim, towards the victim.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the 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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendation] The case where the defendant committed the crime by the threat of an organization or a large number of people, or by carrying a deadly weapon or other dangerous articles (except in the case where special violence is applied] under Articles 53 and 55(1)3 of the Criminal Act [the scope of recommendation] and the subject of the crime of assault under Type 6 (Habitual Cumulative Cumulative Offense, Habitual Offense, Special Violence) [Special Violence] (Article 8-2 of the Criminal Act] (Article 55(1) of the Criminal Act (Article 55(1)3 of the Criminal Act (Article 55(1)]

Nevertheless, the Defendant, without making all efforts to recover damage, appears to have attempted to accept a written agreement without the agreement, by putting the victim frightly, and the victim complained of such a suppression situation and submitted a written petition that leads to the Defendant’s severe punishment twice.

The above-mentioned circumstances are the same.

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