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(영문) 대구지방법원 상주지원 2015.03.24 2015고단65
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On January 12, 2015, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed a violation on or around 22:25, 201, 914, and 101, and 914, where the Defendant residing in B, while drinking together with the victim D (year 45, South) on the ground that the Defendant did not repay the money to the victim. However, on the ground of an empty beer who was suffering from dangerous objects on the floor, the Defendant was faced with the victim’s head, part, and part of the victim’s body.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant violated the Punishment of Violence, etc. Act (collectively, deadly weapons, etc.) and at the same time, at the above time, and at the above place, assaulted the victim, and cited knife knife (18cc in knife length), which is a dangerous object in the front line, and told the victim as “the same dead person” and called “the dead person, as he would spife the gas,” while going to the front line.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act concerning the punishment of crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Act on the Suspension of Execution are the crimes of assaulting Article 6 types [Scope of Recommendation] (Habitual Cumulative Offense, Habitual Offense, Special Violence) [Scope of Recommendation] and Article 2 of the Act on the Suspension of Execution of Punishment [Scope of Recommendation]. The scope of final sentence due to the aggravation of punishment by the aggravation of punishment for the crimes of assaulting Article 6 types (Habitual Offense, Habitual Offense, and Special Violence] and Article 4 (Habitual Offense, Habitual Offense, Special Intimidation] (4-1 year and 8 (Determination of Sentence].

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