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(영문) 춘천지방법원 2015.05.01 2014고단1343
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for one year.

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 November 26, 2014, the Defendant: (a) around 21:50 on November 26, 2014, at the house of the mother C located in Incheon-gun, Gangwon-do, according to whether the mother’s mother was her mother’s her mother at the house of the mother C, the Defendant was her mother and her mother were boomed with the mother, and her mother and her mother were boomed with the baby and her mother, and the victim D (50 years of age) was her mother and her mother were her boomed with the baby, so the victim’s face is 3 times at hand, and the victim’s face was her face, which is a dangerous thing at the house of the kitchen and the kitchen. In addition, the Defendant she she was her with the canning and the victim’s wall, and she was her, and she was her part of the kitchen by the victim’s kitchen.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, C, and E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes in Chapter XIII of the investigation report (Attachment of a on-site photograph), photograph;

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. The reason for the sentencing of Article 62(1) of the Criminal Act (a favorable circumstances among the following reasons for sentencing) is that the case is a crime of assaulting the victim as a knife by threatening the victim, and the nature of the crime was hot, and the damage was not agreed with the victim, and the damage was not recovered.

However, in light of the contents of the crime, the punishment shall be determined by taking into consideration all the sentencing conditions of the crime in this case, including the favorable circumstances such as the fact that the defendant was involved in a contingent crime, the fact that the defendant was informed of his identity, and the fact that the defendant did not have any particular criminal conviction, and the defendant's age, family relationship, relationship with the victim, etc.

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