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(영문) 대구지방법원 서부지원 2013.11.14 2013고단1208
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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

1. On June 22, 2013, the Defendant: (a) around 02:40, the Defendant assaulted the victim D(36 years of age) who was on the side table, while smoking tobacco in the “C cafeteria” located in the Daegu Seo-gu, Daegu-gu, on the part of the Defendant, demanding the Defendant to smoke in smoking; and (b) the Defendant expressed the victim’s desire for smoking at one time.

2. The Defendant violated the Punishment of Violence, etc. Act (collective violence, deadly weapons, etc.) committed a violation of paragraph (1) at the same time and at the same place, on the ground that the victim E (the 32-year old age), who is the wife of the said D, made an objection against the above violence of the Defendant, left an empty beer disease, which is a dangerous object on the table table, was collected from the victim, and led to the discipline of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F, D, and E;

1. Relevant Article of the Criminal Act, Article 260 (1) of the Criminal Act that applies to the crime, the choice of a punishment (the point of violence, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act (the point of violence to carry dangerous articles);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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