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(영문) 창원지방법원 2015.02.13 2013고단3958
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. Around August 21, 2012, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed assault against the victim on the following grounds: (a) around 21:40, at the same time as “F,” operated by the victim E (hereinafter “F”), who is the former wife of the second floor of the D building in the Jinhae-gu, Jindong-gu, Jinnam-si; (b) on the ground of the victim’s refusal to talk outside of the victim’s diving; but (c) on the ground that the victim rejected the talk, the Defendant expressed the victim’s desire to “Ye-si, Ig-si, Ig-si,” and committed assault against the victim on the part of the victim’s left shoulder.

2. The Defendant used the victim’s face at the time, place, and victim G (40 years of age) as stated in the above 1.1. The Defendant used the victim’s face at a time and at the same time and place as indicated in the said 1.1.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the evidence list Nos. 2 to 8 by the prosecutor

1. Relevant provisions of the Act on the Punishment of Violences, etc. (Articles 3(1)1 and 2(1)1 of the Act on the Punishment of Violences, Etc., Article 260(1) of the Criminal Act), the fact of assault (Article 260(1) of the Criminal Act) as to the crime / [Article 260(1) of the Criminal Act] Inasmuch as the defendant and his defense counsel asserted that the crime does not constitute a dangerous thing, the above chemical powder is more likely to cause harm to the life or body of the other party or a third party, since it appears that the other party or his defense counsel could cause harm to the life or body of the third party, in light of the fact that it is a soil of more size than the drinking with gravel, sand,

1. Selection of imprisonment with prison labor for a crime of elective assault;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 (see, e.g., Supreme Court Decisions 201Do110, Jan. 1, 2011>

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