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(영문) 대구지방법원 2014.06.24 2014고단2404
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six 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

On April 8, 2014, the Defendant: (a) around 16:25, at the “D” restaurant operated by the Victim C (Y, 62 years of age) in Daegu Dong-gu, Daegu-gu, (b) provided alcohol to the floor without any justifiable reason; (c) was defective in why the victim gets off the floor; (d) the victim was dumped to the floor; and (e) the principal of the victim dump, which is a dangerous thing for the victim’s own.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of statutes on field photographs and victim photographs;

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 (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable one of the reasons for sentencing below) of the suspended sentence is divided into the defendant's error in depth, the victim's damage is unafforded, the victim's damage is currently entering into E and treating alcohol dependence, and there are no criminal records of the same kind or suspension of execution or higher, and the defendant's age, character and behavior, intelligence and environment, relationship to the victim, motive, means and consequence of the crime, circumstances after the crime, etc. are taken into account, and the reasons for various kinds of sentencing indicated in the arguments, such as crime of violence, assault, crime, repeated crime, special assault, basic area, recommendation sentence is determined as ordered within six months of imprisonment, and one year and ten months of imprisonment.

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