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(영문) 대구지방법원 안동지원 2014.09.19 2014고단398
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

At around 19:00 on March 24, 2014, the Defendant had the victim D (the age of 18)'s women-friendly knife knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife as a drinking part of the victim's knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (to attach CCTV data);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The punishment is set in consideration of all the conditions stipulated in Article 51 of the Criminal Act, such as the following: (a) the mitigation area (4 to 1 year and 2 months); (b) the mitigation area (including a person who has been subject to special mitigation); (c) the mitigation area (including a serious effort to recover damage); or (d) the recovery of considerable damage (decision of sentence] the defendant's liability cannot be deemed to be mitigated in light of the attitude of assault (decision of sentence); (b) the defendant appears to recognize his/her mistake and reflect his/her behavior; and (c) the defendant has agreed with the victim.

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