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(영문) 수원지방법원 2015.11.26 2015고단4210
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant, around 18:20 on May 25, 2015, at the farm dormitory kitchen of the farm where the defendant is working, the defendant came to have a dispute with the victim D (35 years of age) and the head who works together in the farm.

During that period, the victim gets the head of the defendant, and gets the defendant a string, and the kitchen knife (not less than 20 cm in total length, about 10 cm in daily length), which is a dangerous object being used, has become the arms of the victim.

Accordingly, the defendant assaulted the victim by carrying a kitchen, which is a dangerous thing.

Summary of Evidence

1. Defendant's legal statement;

1. The crime of violence committed by the police interrogation protocol of the suspect against D refers to the exercise of physical tangible force against the body of a person, and it does not necessarily require any physical contact to the body of the victim, and thus, as the victim does not have any contact with the victim, the act of display or throwing of hand or goods as the victim does not directly contact the body of the victim constitutes violence as an exercise of unlawful tangible force against the victim;

As such, the facts charged in this case are found guilty (Supreme Court Decision 89Do1406 delivered on February 13, 1990).

application of the laws and regulations

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The basic area (6 months to 10 months) of the crime of assault (special assault) [decision of sentence] of the basic area (6 months to 6 months), the victim first assaultss the defendant, recognized the crime and reflects the fact that the victim has committed the crime, the domestic crime without domestic criminal records, and the business owner E wishes to have the preference against the defendant.

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