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(영문) 청주지방법원 2014.09.04 2014고단926
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six 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 May 18, 2014, at around 19:10, the Defendant collected a stone (18.5 cm) that is a dangerous object on the floor of the Defendant, and assaulted the Victim B (54 cm) from the victim on one occasion at the end of the restaurant, which was 4473 in the south-ro of the Eup, Chungcheongnam-do, Chungcheongnam-do., the Defendant: (a) caused the victim B (54 years of age) who was making a pup at the restaurant; (b) caused the collision with the victim; (c) caused the collision with the victim; (d) caused the collision with the victim; and (e) caused the collision with the victim on one occasion, and (e) assaulted the victim on one occasion at the back of the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of the accused and the B in the suspect examination protocol of the accused in the prosecution;

1. The suspect interrogation protocol of the police as to B;

1. Application of the Acts and subordinate statutes, such as photographic parts B, etc.;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (i.e., that there is no criminal record of violent acts even after he/she was punished by a fine of KRW 1 million on or around 1999);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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