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(영문) 광주지방법원 2013.10.08 2013고단3191

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six 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

At around 23:30 on June 30, 2013, the Defendant: (a) placed a bridge on the victim D (year 16) and the victim E (year 21) on the front of the C convenience store located in Gwangju Mine-gu, Gwangju; and (b) placed the bridge on the victim E (age 21); (c) took a time room to see whether “n's bridge is opened on the table, hacking off the bridge on the table, and hacking the victim D, who is a dangerous object for F to enter the convenience store; (d) put the victim into the said convenience store, and (e) put the victim into the victim’s hick, which is a dangerous object for the victim to enter the said convenience store; and (e) put the victim into the victim’s face.

Accordingly, the defendant carried dangerous objects and assaulted victim D and victim E respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and D;

1. Application of statutes on site photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, 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. 사회봉사명령 형법 제62조의2 유죄 및 양형의 이유 피고인은 피해자 E의 얼굴에 깨진 맥주병을 들이댄 적이 없다고 주장하나, E에 대한 경찰 진술조서의 진술기재에 의하면, 피고인이 깨진 맥주병을 피해자 E의 얼굴에 들이댔다고 분명히 진술하고 있는 점에 비추어 피고인의 주장을 받아들이지 아니한다.

The defendant shall be sentenced to punishment as ordered in consideration of the fact that he/she committed the crime of this case even though he/she had several records of punishment for violence, and all of the victims have agreed to do so.