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(영문) 대전지방법원 천안지원 2014.04.17 2013고단1789
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 28, 2013, the Defendant used net value (30cm, No. 1), which is a dangerous object that was prepared in advance to “E Center” of the victim’s service in Asan-siD around 11:35 on October 28, 2013, and assaulted the victim on the ground that the victim refused to meet with the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement of C and F;

1. On-site photographs;

1. Application of the existing Acts and subordinate statutes to one seized network (No. 1);

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

1. Article 62 (1) of the Criminal Act (i.e., confession, contingent crimes, and expression of intent not to punish victims);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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