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(영문) 대전지방법원 2014.06.24 2013고단4615
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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

On October 25, 2013, at around 22:40, the Defendant rejected the instant case where: (a) the victim F (53 years of age) of E, who is a single driver, was trying to control the Defendant at a dangerous object, which was displayed on the main wall of the area where the Defendant was able to control the Defendant, and (b) the victim F (53 years of age) was able to take one time the victim’s head.

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

Summary of Evidence

1. Each legal statement of witness F and E;

1. A protocol concerning the police interrogation of the accused;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of each police statement related to F and G;

1. Application of Acts and subordinate statutes, such as photographs of victims;

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. Article 62 (1) of the Criminal Act (In light of the fact that the degree of damage is relatively minor);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;

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