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(영문) 대구지방법원 포항지원 2015.10.08 2015고단497
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

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

Reasons

Punishment of the crime

At around 09:30 on February 20, 2015, the Defendant: (a) abused the victim C (the age of 37) who parked and walked a vehicle at the parking lot in the Central Dong community service center located in the north-gu, North Korea-ro, 62 at the port, without any justifiable reason, at the time of drinking; (b) threateningd the victim C (the age of 37) who was traveling and walking the vehicle, “I am off, I am the vehicle for which I am, I am the vehicle, I am the vehicle, I am the vehicle, I am the vehicle, I am the vehicle, I am the vehicle, and I am the other hand, which is an object dangerous to one hand, with the head of the victim being shakened, and then I am the victim due to

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

Summary of Evidence

1. Legal statement of the witness C;

1. Application of Acts and subordinate statutes to the police statement to C (victims);

1. Article 261 of the Criminal Act applicable to the crimes;

1. There are extenuating circumstances, such as the fact that the defendant has no criminal record for the reason for sentencing of selective sentence of imprisonment, and the defendant suffers from the stimulative disorder with alcohol use dependence and the stimulative disorder, thereby committing the instant crime.

However, the crime of this case does not seem to have a genuine attitude, such as denying the crime of drinking habits or mental disease only through doping, even though it is sufficiently found guilty of the crime by objective evidence, such as the case where a female victim parked a vehicle at a low parking lot and did assault with his desire without any justifiable reason, and the crime of this case was committed against the victim, which is highly dangerous in terms of the method and form of the crime, the victim did not agree with the victim or did not pay damages to the victim, and the crime of this case was committed against the victim, such as the suspension of execution, etc., and there are many records of punishment for violence-related crimes including the crime of this case, and the crime of this case was committed without being aware of the other type of crime being prosecuted and tried again, and the defendant resides far away from his family without a certain occupation, and thus social ties relationship is social ties.

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