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(영문) 대구지방법원 2015.09.11 2015고단2920
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On February 24, 2015, at around 01:00, the Defendant: (a) committed assault to the victim’s face on the ground that the victim D(50 years of age) was faced with a dangerous object on the ground that the victim D (50 years of age) was able to commit a disturbance while under the influence of alcohol in Nam-gu, Daegu; and (b) the victim was able to commit a assault.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police in relation to D and E;

1. Application of the video-related Acts and subordinate statutes to the beer’s photograph;

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;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act [the scope of applicable sentences under the law] The reason for sentencing is [the scope of applicable sentences under the law] 6-6-15-year imprisonment (the determination of a sentence ] violence crime : - Where the elements for mitigation are punished (including serious efforts to recover damage) or considerable part of damage is restored [the decision of the recommended area] [the scope of recommendation area] 6-1 year and 2 months (the minimum limit of applicable sentences under the law] - Where a person committed a crime by force of a negative organization or multiple groups or by carrying a deadly weapon or other dangerous articles, or committed a crime by carrying a deadly weapon or other dangerous articles, the main reason for sentencing: positive damage (including a serious effort to recover damage) - The affirmative reason for a crime is positive [the affirmative reason for contingency] - where the defendant has been sentenced to criminal punishment without any special reason for the victim and the defendant has agreed to the victim, but it appears that the defendant has been subject to punishment on several occasions.

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