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(영문) 부산지방법원 2015.06.18 2015고단2415
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 21:00 on March 5, 2015, the Defendant listened to the phrase “A victim E (the age of 55) who is the president of the C market prosperity Association, and “I will operate and will not go against the lessee in the redevelopment C market,” and, under the influence of alcohol, I would like to say “I will die, me will do so,” and I would like to display a knife a knife (the total length of 30 centc meters, the daily length of 18cm) which is a dangerous object of the victim’s face at five times in time and in the vicinity of the C market in Busan, the Defendant used the knife (the age of 55) as well as the victim’s knife as the knife of the victim.”

Accordingly, the defendant, while carrying a knife that is a dangerous object, assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and G;

1. Application of the photographic Acts and subordinate statutes;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] Crimes of Intimidation under Article 62 (1) of the Criminal Act: The following shall be taken into account: Where a person commits a crime by force of an organization or multiple groups, or by carrying a deadly weapon or other dangerous articles (excluding where special intimidation is applied] or commits a crime by carrying a deadly weapon or other dangerous articles (excluding where special intimidation is applied) (the decision of sentence is without any criminal history exceeding a fine); and where a person reflects a crime;

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