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(영문) 대구지방법원 포항지원 2016.10.05 2015고단963
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

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

Reasons

Punishment of the crime

At around 20:10 on May 4, 2015, the Defendant: (a) d'(n, 20 years of age), victim E(n, 20 years of age) and victim F(n, 3 months of age) who is his/her father’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of respective Acts and subordinate statutes of E and G;

1. Articles 261 and 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for sentencing selection of the sentence of imprisonment with prison labor seems to pose a risk to the method of the instant crime, such as: (a) the Defendant committed the instant crime without being aware of the fact that he/she had been subject to two suspended sentence due to the same violent crime; and (b) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) the circumstances after the commission of the crime, etc., shall be determined by comprehensively taking account of various sentencing conditions, including the following factors:

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