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(영문) 대구지방법원 안동지원 2014.08.22 2014고단161
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 00:20 on December 19, 2013, the Defendant assaulted the victim, such as the victim D(49 years of age) and E and drinking at the “C” restaurant located inside Dong Dong B, on the ground that the victim was aware of having other women, and the victim was not able to talk with him/her on the ground that he/she did not talk with him/her. On the other hand, the Defendant assaulted the victim, such as the victim’s flag, which is a dangerous object, once the head of the victim’s hair due to the mistake of the dangerous fraud material.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the investigation report;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The sentence is set in consideration of all the conditions stipulated in Article 51 of the Criminal Act, such as the following: (a) the mitigation area (Habitual, Habitual, Habitual Crimes and Special Violence) (4-1-2) (Special Mitigation), the mitigation area (including serious efforts to recover damage) or considerable damage (the decision of sentencing) or considerable damage; (b) the Defendant’s criminal intent and criminal records; (c) the Defendant’s criminal liability cannot be deemed to be negligible; (d) the Defendant appears to recognize and reflect his/her mistake; and (e) the Defendant agreed with the victim.

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