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(영문) 수원지방법원 안산지원 2015.09.10 2015고단2062

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 21, 2015, the Defendant violated the Punishment of Violence, etc. Act (a collective injury, etc., with deadly weapons): (a) around 04:00, at a restaurant of the sea area where the victims had been under influence, the victim C (the age of 34), the victim D (the age of 36), and other persons who had been under influence of alcohol together with the victim C (the age of 34) and the victim D (the age of 36). (b) the victims were sent out of the above restaurant; and (c) the victim was d's face and chest due to drinking; (d) the victims continued to take advantage of the victim EK5 si to avoid this; and (d) the victims got the victim's head and head on several occasions with the main of metal materials (the total length of 5cm) taken out of the above restaurant; and (d) the victim's faces and head on three occasions with the victim's face open to the victim and the victim's wife on three occasions, respectively.

2. While the Defendant was assaulting C and D at the time and place described in paragraph 1, such as the date and time described in paragraph 1, the Defendant destroyed KRW 455,739 of the repair cost, such as the Round on the Round Panel, where the said C et al. was the victim Fed by EK5 si, the victim Fed, and the victims left the Round Round on the Round Round Round.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. C’s statement;

1. Application of Acts and subordinate statutes to victim photographs, photographs, estimates, and investigation reports (Attachment of a medical certificate) of damage caused by taxi;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the punishment of a crime; Article 3 (1) and Article 257 (1) of the Criminal Act; Article 366 of the Criminal Act;

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) of the Criminal Act for discretionary mitigation;