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(영문) 대구지방법원 상주지원 2014.10.14 2014고단417
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Around June 18, 2014, around 03:30, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) was assaulted by the victim C (at the age of 47), who is a defendant, who is a prison of the victim (at the age of 47) at the home of the victim C (the victim), who is a dangerous object on the table of the victim, due to his/her appearance is doubtful, and the victim was broken off, and then the victim’s face was broken off.

2. Violation of the Punishment of Violences, etc. Act (damage to a group, deadly weapon, etc.) destroyed the victim’s property owned by the victim, the sum of market prices of which is approximately KRW 1.5 million, such as cutting away from a scam which is a dangerous object for the same reason as paragraph (1) at a time and place under paragraph (1) and cutting off the glass of the scambing, cutting off the television which was inside the relevant place, making the television scam out by drinking it,

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act (the occupation of an act of assaulting carrying dangerous objects); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act (the occupation of destroying and damaging dangerous objects) concerning a crime;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [Scope of Recommendation] Crimes of Types 6 (Habitual Offense, Habitual Offense, Habitual Assault. 8 to 2 months) (Special Assault. ] The victim (a person under special jurisdiction] who continues to exist (a person under sentence] (a person under sentence] of the crime of this case, such as having dangerous articles carried by the defendant, assaulting the victim, etc., but the victim did not reach the result of the bodily injury, and there is no criminal record of the defendant after his previous criminal punishment around 201.

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