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(영문) 대구지방법원 경주지원 2013.04.09 2012고단1382
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 August 22, 2012, at around 20:30, the Defendant: (a) discarded waste in front of the entrance of the said restaurant on August 22, 2012, at the “Dcafeteria” operated by the victim C (the 57-year-old), and (b) took the victim who was in an infinite relation, would avoid contact, would find the victim who would not have any contact; and (c) expressed the victim’s desire to “the cafeteria would have any year during which the cafeteria would have any year and any year for which the Chewing would have been cut,” and discarded waste to the victim.

As a result, the customer E, who was in the above restaurant, driving away from the Defendant, returned to the above restaurant and returned to the victim with the falleb of the Defendant, and the cream, which was a dangerous object that was in the table of the seat, led the victim to the bed, and then the knick, which is an object dangerous to the victim (the 34.5cm in length and 21.5cm in length in the knb of the entire length), was called as “the knb, knb, knb, knb,” and led the victim to the victim.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and E;

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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15489, Apr. 1, 2009) (including the fact that there is no specific criminal history other than minor

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

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