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(영문) 대구지방법원 김천지원 2013.07.25 2013고단551
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six 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 May 17, 2013, at around 19:30, the Defendant entered the D cafeteria operated by the Victim C (Age 32) in Kimcheon-si, Kimcheon-si, for the reason that he was able to resist the victim about his food that his employees would be influenitely responding to the Defendant’s drinking together with his family members, and the victim called that she would enter the Defendant’s home, and that she was pushed the victim’s home, and that she was pushed about her home with her hand when she was pushed up, and her home was pushed up by her hand, and she was fluenced with the victim, who was influentd with the dangerous goods located therein.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes by cutting down on the scene photographs, internal investigation reports (Attachment to a screen of ctv contents) and attached ctv screen pictures, which are subject to investigation reports (on-site and damage situations) and attached on-site photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [decision of the type] violence crime: Habitual crime, repeated crime, special assault [special multiple persons] - mitigated elements: The mitigated elements of punishment [the scope of recommending punishment] are inconsistent with the mitigated range of punishment [the scope of revised punishment], the mitigated range of punishment from April to February 1 [the scope of revised punishment], and the minimum limit of the applicable sentences under the law (six months of imprisonment).

[General two-years] - The term "the term "the term of imprisonment with prison labor" - The term "the term of imprisonment with prison labor" - The term "the term of imprisonment with prison labor" - The term "the term of imprisonment with prison labor" - The term "the term of imprisonment with prison labor" - the term "the term of imprisonment with prison labor" - the term

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