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(영문) 전주지방법원 정읍지원 2015.04.21 2015고단67
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 became final and conclusive.

Reasons

Punishment of the crime

Around 22:05 on December 14, 2014, the Defendant: (a) laid the body of the victim D once pushed the body of the victim D on the ground that the victim D (here, 24 years of age) who entered a Dobdomin, which is an entertainment business establishment located in Si B at regular Eup, does not play as his own intent; and (b) laid the victim D's head knife over the floor by cutting the victim D's head knife and cutting it over several times by cutting it over the floor; and (c) three empty beer knife, which is a dangerous object on his table, was collected from the victim D.

The defendant continued to restrain the victim E (n, 53 years of age) who is the owner of the business, caused the victim E's face part one time with the floor of the hand, and the defendant was located on the right bridge of the victim E by gathering electric strawers, which are dangerous objects located there.

Accordingly, the defendant committed violence to victims by carrying dangerous articles.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of related Acts and subordinate statutes to photographs;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of above Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2, 2008).

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