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(영문) 광주지방법원 해남지원 2015.02.04 2014고단325
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

On September 19, 2014, at around 02:00, the Defendant refused the Defendant’s demand from the victim E (the 38 years of age) who is an employee of the 2nd in the D entertainment tavern 2 room located in Jindo-gun C, Jindo-gun, Jindo-gun, for the Defendant’s 2nd, the Defendant changed the victim’s “Wel wk wk wk walk walk, health care walk,” and collected the walker’s disease, which is a dangerous object on the table table, toward the victim’s face.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement of E;

1. Application of Acts and subordinate statutes to the scene of damage and photographs of the upper part thereof;

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;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] When the mitigation area (Habitual Cumulative Offense, Special Violence) [Special Mitigation] is mitigated (including a serious effort to recover damage) or considerable damage (decision of sentence] - The crime of this case is poor, but the defendant has an attitude to recognize and reflect his/her criminal act, and the defendant has reached a unanimous agreement with the victim, and the defendant's age, character and conduct, family environment, circumstances after the crime of this case, etc. are considered as follows.

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