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(영문) 광주지방법원 2014.09.02 2014고단1716
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 20:20 on October 5, 2013, the Defendant saw a fluoral disease in a so-called so-called “victim B (the age of 43) who flusium in the camping market, who flusium 22-1, flusium in Gyeyang-gu, Seoyangyang-gu, Seoyangyang-gu, Seoyangyang-do, had flusium flusium flusium flusium, and flusium B (the age of 43) flusium flusium flusium flusium flusium. The Defendant flusium flusium flusium flus

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the police officer in C, B, D, and E;

1. On-site visit reports on the violence case, and the application of Acts and subordinate statutes to report internal investigation (F telephone communications);

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 260 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The defendant's crime of this case for the reason of sentencing under Article 62-2 (1) of the Criminal Act of probation and community service order is committed by assaulting the victim due to a dangerous object's main illness, and thus the nature of the crime is not less than that of such crime, and thus, it is inevitable to punish the defendant accordingly. However, taking into account the circumstances such as the fact that the defendant does not have the same criminal power as the victim, and the defendant's age, character, behavior, environment, etc., the defendant's punishment shall be determined as ordered within the scope of four to one year [the area of mitigation of types 6 (Habitual repeated crime, repeated crime, special violence) from among the assault crimes against violent crime group], and the execution of the above punishment shall be suspended only once. It is so decided as per Disposition.

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