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(영문) 수원지방법원 안산지원 2012.10.30 2012고단1668

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

around 23:00 on May 16, 2012, the Defendant assaulted the victim’s face face and head part, each time, on the ground that the victim E (Nam and 48 years of age) was drinking together with G and the drinking value after drinking alcohol at entertainment tavern 'Foman' operated by the victim E (Nam and 48 years of age) with G, which was operated by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A victim photograph, photograph of the damaged site, and investigation report;

1. Application of statutes concerning criminal records;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 260 (1) of the Criminal Act;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Procedure (Article 62(1) of the Act on the Suspension of Execution), although the nature and circumstances of the crime are very heavy in light of the method of the crime in this case, the defendant seems to have committed the crime in this case without any previous sentence above the suspension of execution, and the defendant seems to have committed the crime in contingency in his state of exploitation, and there was an agreement with the victim, and there was an obvious social ties between the defendant and his family members, and the detention of the defendant entail