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(영문) 대구지방법원 2014.08.29 2014고단1401
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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

around 13:25 on June 17, 2013, the Defendant: (a) lent a cell phone to the victim B (Inn, 19 years of age) and his/her daily activities in front of the pelletlet stud in the Geumyang-Eup, Seoyang-gu, Busan, for the reason that he/she did not lend his/her cell phone; (b) the Defendant used the pellet gate, which is a dangerous object, to assault the victim on the face of the victim.

around 18:09 on May 13, 2014, the Defendant: (a) reported that a young female was used, and was asked to ask questions about personal information from the assistant D affiliated with the police box of the Gyeongsan Police Station C, which called “I see that I am in accordance with the Chewing imprisony,” and collected the bricks located in the e patrol, and laid down the gate so that the repair cost would amount to KRW 264,946.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

"2014 Highest 1401"

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. "Report on internal investigation (as regards attachment of photographs), 2014No3146";

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the provisions of Acts and subordinate statutes to the internal investigation report (Attachment of photographs), brick photographs, and sludge flags, even flag photographs, and written estimates;

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; Article 141 (1) of the Criminal Act (the point of harm to the goods for public use; the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant was unable to agree with the victim.

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