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(영문) 의정부지방법원 2015.03.25 2014고단2916
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

1. Around 01:10 on August 2, 2014, the Defendant violated the Punishment of Violences, etc. Act (Assault of a collective weapon, etc.) demanded the victim E and the victim F to agree with the victim, who fluencing fluor and drinking at the “D” main points of “D” located in Speaker-si, and fluencing fluor and drinking by drinking fluor, and the victim F, who returned to the afterma by drinking fluor after drinking fluor, during drinking fluoring flussium, the Defendant fluoring fluoring fluor, which was a dangerous object cited in his/her hand, and fluoring fluoring fluor.

Accordingly, the defendant, carrying dangerous things, and assaulted victims.

2. The Defendant got out of the victim F and E, when the Defendant was dissatisfied with the foregoing time and place at the same time and at the same time and place as above, the Defendant was faced with the main employee.

The Defendant, who received the demand from E in front of the foregoing entrance door, called “I Dop, I am h, I h h h h h h h h h h h h, and I h h h h h h h h h h h h h h h h h h h h., by hand, the Defendant was h h h h h h.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Court statement of the defendant [in the case of paragraph (2) of the crime, the facts on the second trial date];

1. Each police statement of E and F;

1. Application of victim F photographics, field photographs, and statutes;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Crimes, Articles 260 (1) and 260 (1) of the Criminal Act concerning the punishment of crimes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The first crime for sentencing under Article 62-2 of the Criminal Act of the community service order (the scope of recommendations) is a assault crime.

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