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(영문) 대전지방법원 2015.08.28 2015고단1374
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 12:00 on October 21, 2014, the Defendant was required to show the accounts deposited with membership fees to prevent the misunderstandings by the victim while she was in dispute with the victim D (the victim D, 72 years of age) who is the general secretary of the Seniors Association and the senior citizens' association membership fees management. On October 21, 2014, the Defendant took a bath to “I am a day off, Daejeon, and Daejeon, I am a day off, I am a day off, I am a day off, and I am a day off, I am a glar by gathering a net, which is a dangerous object located in the Seonet.”

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement and partial statement of the witness E [the fact that the defendant makes a glnet on the ground of a glorry is recognized, but there is no change to the purport that there is no fact to display the victim toward the victim. In this regard, the victim has consistently complied with the facts charged in the investigation agency and the court, and there is no particular doubt in light of the attitude of legal statement. The witness E’s testimony consistent with the defendant’s defense is inconsistent with the investigation agency’s statement, and it is difficult to believe in light of the attitude of the statement in the court. Meanwhile, the police statement of E is not consistent with the defendant’s statement in comparison with the statement in the investigation agency, and it is difficult to believe in light of the attitude of the defendant’s statement in the court. Meanwhile, the police statement of E is merely the defendant’s glorry and did not display the victim’s glorry, and it is partially consistent with the victim’s statement. In full view of the submitted evidence, the defendant’s defense cannot be accepted.]

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;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Suspension of execution;

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