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(영문) 대구지방법원 2013.06.27 2013고단3195
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On May 16, 2013, at around 17:30, the Defendant assaulted the victim D(35 years of age) who was driven by her wife (C) by hearing the assault of the victim D(35 years of age) following the large area, and alinium (150 cm in length and 33 cm in diameter) which is a dangerous object located far away on the street, and used the victim D's right-hand alin, and used the victim D's alinium (150 cm in diameter and 3 cm in diameter).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes governing criminal implements photographs;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the same career of having been punished several times, such as a fine, punishment, suspended execution, etc. for the same type of crime, and committing the crime of this case with the same contents again within the period of suspended execution, which is disadvantageous to the defendant, such as the fact that the defendant has committed the crime of this case in a manner that the defendant repents and reflects the mistake, the defendant committed the crime of this case by contingency while drinking alcohol, and the victim has no want to be punished by the defendant under an agreement with the victim D, etc.

In full view of the aforementioned circumstances, the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and other circumstances revealed in the pleadings of the instant case, including the Defendant’s age, character, conduct, career, and environment, the punishment as ordered shall be determined.

Of the facts charged in the instant case against the Defendant, the gist of assault against the Defendant in the dismissal of prosecution is as follows: “The Defendant, around 17:20 on May 16, 2013, requested the victim C to “30 million won” at the F cafeteria operated by the Daegu Northern-gu E victim C (YY 33) but on the ground of the victim C’s refusal to perform so, the Defendant’s face with the victim’s hand was sleeped by blicking the flap and flaping the flap of the victim.

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