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(영문) 수원지방법원 2014.09.24 2014고단384 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was under the influence of alcohol so that he was in a state that he was unable to discern things or make decisions.

On October 2, 2013, around 00:35, the Defendant: (a) was wraped with F, one’s own daily activities in the E entertainment tavern operated by D in Suwon-si, Suwon-si; (b) the employees of the said main shop, and D fighting with horses and microphones in their places; and (c) the face part of the victim was flicked with the victim’s face one time, and the victim was flicked with the shoulderer on the floor.

In this way, the defendant, carrying dangerous articles, assaults the victim.

Summary of Evidence

1. Legal statement of witness G;

1. A protocol of suspect examination of G police officers;

1. Statement made to D by the police;

1. Application of each statute on photographs;

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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act - Types 6 of the assault crime committed by violent crime group - Special assault [Special Convicts] mitigation element - mitigation element of punishment [the scope of area and recommendation] mitigation element of punishment - six months (the minimum of punishment under law) or one year and two months [the general person who is sentenced] mitigation element of punishment - mental or physical disability (the person in general is in the responsibility of the person in question), and no record of criminal punishment - 1 year of suspended sentence of six months [the decision of sentence] - The above sentencing factor and the victim are deemed to have committed assault against the defendant and have more serious damage to the defendant.