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(영문) 대구지방법원 안동지원 2015.03.27 2014고단1062
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:00 on October 6, 2014, the Defendant was assaulted by the Victim D while drinking alcohol together with the Victim D (28 years of age) and the Victim E (22 years of age).

The Defendant saw the beer’s disease, which is a dangerous object against this, and boomed the body of the victim D with several times as drinking, franchis of the victim E, and franchis of the victim E, as a smaller person who is a dangerous object under the table, franchis the shoulder of the victim D, and franchis the face of the victim E.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. Report on the occurrence of the case;

1. Application of Acts and subordinate statutes to investigation reports (sctv video screen closures);

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 260 (1) of the Criminal Act (the point of assaulting carrying dangerous articles);

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

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is the first crime [Scope of Recommendation] of the reasons for sentencing under Article 62-2 of the Social Service Order Act in the case where the mitigation area (4 months to one year and two months), mitigation area (including a person who has been specially mitigated), punishment not having been granted (including a serious effort to recover damage), or considerable partial damage has been restored, the second crime [the scope of Recommendation] of the mitigation area (4 months to one year and two months) of the mitigation area (including the case of habitual, repeated, special assault) of the mitigation area (4 to one year and two months), the punishment not having been granted (including a serious effort to recover damage), or the damage has been restored to a considerable part of the mitigation area (including a person who has been specially mitigated), the final sentence according to the multiple aggravated crimes: the scope of punishment according to the majority aggravated crimes: from April to September (a sentence of imprisonment with prison labor] of 4 to September (a

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