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(영문) 대구지방법원 2014.08.07 2014고단2335
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

Defendant

A Imprisonment with prison labor for eight months, and for one year, each of the defendants B.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. A. The Defendant, at around 11:50 on January 18, 2014, at the Defendant’s house located in Daegu Suwon-gu 101, did not come to dispute with the victim E, who is an employee of the Defendant’s delivery company, as a matter of the victim E and the amount of kin’s price.

In order to hear the abusive theory from the victim and use assault, the victim abused the victim by hand, such as flabing bat of the victim.

B. In light of the time and time stated in the preceding paragraph, the Defendant destroyed the victim’s lebbane owned by the victim, which was parked in front of the Defendant’s home, by putting the victim’s lebbb, which was in front of the Defendant’s home, and then went back to the house after being abused by the Defendant, thereby damaging the lebane owned by the victim so that the 1,262,000 won of the repair cost would come.

2. Defendant B’s above 1. A.

A, at the time, at the time, and at the place specified in the paragraph, is the same as specified in Section 1. A.

Recognizing the victim E, such as the same as the one, the victim was threatened with the victim E, and the victim was threatened with the victim by 23 cm in length, which is a dangerous thing in the kitchen.

Summary of Evidence

1. Defendants’ respective legal statements

1. Some of the statements made by the prosecution against the Defendants in the suspect interrogation protocol (including the E’s statement protocol)

1. E statements;

1. Photographss, deadly weapons and photographs damaged by dives; and

1. Application of the written estimate statutes;

1. Article 260 (1) and Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 of the Criminal Act concerning facts constituting an offense;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Defendant A (the scope of recommendations) is not subject to the basic area (the criteria for multiple crimes with crimes for which two or ten months or sentencing guidelines have not been set) of Category A (General Violence).

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