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(영문) 의정부지방법원 2014.05.09 2013고단2135

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

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

On June 18, 2013, at around 01:30, the Defendant ordered food at a D restaurant located in Guri-si C, and then was locked up to the 03:50 on the same day from among the day when the Defendant was divingd, the victim E (the age of 64) who is an employee of the above restaurant at the above restaurant at around 03:50 on the same day (the age of 64) shouldered the Defendant, and shicked the Defendant, “Ise Hase Hase Hase Hase Hase Hase Hase Hase Hase.” However, the Defendant laid the victim Esat at the victim Esat at the left hand, and laid the victim Esat over the floor.

The Defendant continued to keep up with the victim F, who is an employee of the above restaurant, at the time of drinking the Defendant, 2 times the head of the victim F by drinking the Defendant, and the victim F, with the victim’s hand, knife the front of his body in order to defend him, and then knife the victim F’s body, knife the victim F’s body, and knife the victim F’s body, and knife the victim F’s knife over the floor.

계속하여 피고인은 위 피해자 E가 피고인에게 항의하자 손으로 피해자 E의 머리채를 잡아 밀고 손으로 피해자 E의 멱살을 잡아 흔들고 주먹으로 피해자 E의 머리를 수회 때리고 발로 피해자 E의 몸을 찼다.

Accordingly, the defendant, carrying a dangerous suspect, and assaulted victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A E-document;

1. Application of statutes on site photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 260 (1) 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) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation, community service order, order to attend a lecture, and the scope of applicable sentences for sentencing under Article 62-2 of the Criminal Act: the final sentence range recommended by the sentencing guidelines from June to 15 of the Criminal Act / [the types of crimes] the crime of violence, the crime of violence, the special violence [the special person] aggravated factors: Reduction factors that do not exist: