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(영문) 대구지방법원 경주지원 2016.01.20 2015고단777
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 18, 2015, the Defendant found the victim D (V, 63 years old) as the house of around 22:30 on August 18, 2015, and found the victim guilty with another male.

The victim committed assault to the victim, such as when the victim's head was frighted with a wooden monm (150 cm in length, approximately 5 cm in diameter), which is a suspected and dangerous object prepared in advance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Investigation report (to hear statements from a victim by telephone);

1. Application of photographic Acts and subordinate statutes, such as criminal implements;

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of the recommended sentence] Violence (Habitual Offense, Habitual Offense, Special Assaults) / [the person who is subject to special mitigation] [the sentence] / [the person who is subject to special mitigation] is not subject to punishment / under the unfavorable circumstances that the defendant uses a wooden monet, which is a dangerous object, and assaults the victim, / she has no particular power on the part of the defendant, she has agreed with the victim / her smoothly. The defendant has no special power on the part of the defendant / her age, sex, environment, motive, means and result of the crime of this case, etc. / The sentence shall be determined as ordered in consideration of all the sentencing conditions indicated in the records of this case including the circumstances after the crime.

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