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(영문) 춘천지방법원 속초지원 2015.09.02 2015고단157
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. On February 23, 2015, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) brought about a dispute over E as a matter of money during the victim D (year 54), vessel E and alcohol in the Gangwon Yangyang-gun B, the main point of which is Gangwon-do, C, and during the period of drinking.

At this time, the Defendant listened from the victim the phrase “Ig, Ig, Ig, how you will stop the horse?” and assaulted the beer’s disease, which is a dangerous object on the table where Iging the victim’s left part, such as selling the beer’s disease back to the victim’s left part.

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

2. The Defendant was in violation of the Punishment of Violences, etc. Act, at the time, place, and place mentioned in paragraph (1), and had a knife (28 cm in total length, 16 cm in knife) that is a deadly weapon (28 cm in total length, 16 cm in knife) that was located in the kitchen kitchen with the Defendant and the victim in the right retail.

Accordingly, the defendant carried a deadly weapon that is likely to be used for crime without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs, damaged photographs, deadly weapons, photographs, etc.;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 260 (1) of the Criminal Act (the occupation of assaulting carrying dangerous objects), and Article 7 of the Punishment of Violences, etc. Act (the occupation of carrying a deadly weapon and the choice of imprisonment with prison labor);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that there is no previous conviction for the same kind of punishment, the fact that the victim has agreed smoothly with the victim, and the fact that he/she

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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

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