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(영문) 대전지방법원 천안지원 2016.03.31 2015고단1608
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 3, 2015, at around 21:50, the Defendant assaulted the victim, etc. on the ground that the victim C (V, 43 years of age) who is the Defendant’s wife set up a knife that the victim C (V, 43 years of age) would leave his/her knife with his/her knife in his/her knife, Nam-gu B, Nam-gu 101, and that the victim would leave his/her knife in his/her knife with his/her knife on the part of the

2. Around 10:00 on August 4, 2015, the Defendant assaulted the Defendant’s car from the south-dong-dong-dong-dong-dong-dong-dong-dong on his hand on the ground that he does not hear the horses of the victim D(6) who is the Defendant’s son, and on the ground that he does not hear the horses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement with respect to C and D;

1. Application of each video statute to victim C's photographs, field photographs, and damaged photographs;

1. Relevant Article of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (the occupation of assault to carry dangerous things, the choice of imprisonment), and Article 260(1) (the occupation of assault and the choice of imprisonment) of the Criminal Act concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the punishment is added up for concurrent crimes with heavy special assault crimes (this two crimes)];

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the circumstances favorable to the following grounds for sentencing);

1. The scope of punishment by law: Imprisonment for not less than one month but not more than seven years;

2. The scope of the recommended punishment according to the sentencing guidelines is limited to one crime (a special assault) [the scope of the recommended punishment], violence crimes, six types (special assault) among assault crimes, and six types (special assault) (the scope of the recommended punishment] of imprisonment with prison labor for not less than six months but not more than one year and not more than ten months [the scope of the recommended punishment] / [the type of assault crime] violent crimes, first class (general assault) among assault crimes [the person subject to special sentencing] who is vulnerable to the crime / [the scope of the recommended punishment] the victim (the person subject to special assault] who is vulnerable to the crime / the punishment for not less than four months but not more than one year, the scope of the final sentence according to the aggravated punishment for multiple concurrent crimes: Imprisonment with prison labor

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