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(영문) 광주지방법원 2015.11.17 2015고단3525
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 September 4, 2015, at around 17:47, the Defendant stated, “Aphhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Therefore, the victim's way of living together and the kitchen knife, which is a dangerous object for the escape of the victim, and the kitchen knife (20 cm in length) and the Aluminium cane in hand and the victim knife with the above stick, and the part of the victim's left hand and the buckbucks.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, E, and F;

1. Application of Acts and subordinate statutes to photographs;

1. Article 261 of the Criminal Act; Articles 261 and 260 of the Criminal Act; Selection of imprisonment with prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has a previous record of the same suspended sentence for the reason of sentencing under Article 62(1) of the Criminal Act (around March 19, 2007, the victim's head who requested a divorce with the kitchen knife, etc.) and that a juvenile of 14 years old is running away with the kitchen knife and then the crime is not good, and the crime is disadvantageous to the defendant.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant is living against himself, the fact that the kitchen knife does not directly pose any direct threat, the fact that the victim remitted 50,000 won to the medical expenses group, and the fact that it is in disability 5 due to

In these circumstances, the sentence shall be determined as ordered by taking into account various sentencing conditions, including the Defendant’s age, character and conduct, and environment.

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