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(영문) 춘천지방법원 원주지원 2014.11.26 2014고단952
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

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

The defendant is an employee of the D cafeteria operated by the victim C (n, 43 years of age) in the Gulju City.

The defendant, on September 20, 2014, caused disregarding from the victim who had a flat sense on September 20, 2014, running a restaurant or drinking outside the restaurant, and returned to 21:26 on the same day.

The defendant laid up a computer on the floor in which the market price of the victim's possession on the restaurant is unknown, damaged the computer, caused the victim's tight knife to be pushed off, and moved the victim's knife to the main room, and damaged the storm flag that cannot be seen as the market price on the floor.

Then, the Defendant saw a knife, which is a dangerous object on the scambling at the above scambling in the above scambling room (30cm in total length). Using this knife, the Defendant cut the knife of the victim’s knife who was on the part of the knife before the knife, and said knife that the knife would bring about a newspaper or a paper

Accordingly, the defendant damaged the property owned by the victim and assaulted the victim by carrying dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs, such as damaged photographs and damaged articles;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 260 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the punishment of crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for not less than six months to not more than six years; and

2. Application of the sentencing criteria;

(a) Determination of types: Violence crimes, assault crimes, and six types;

(b) Persons who are specially sentenced to punishment: The elements of mitigation;

(c)the scope of recommendations: the mitigation area;

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