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(영문) 수원지방법원 2014.11.28 2014고단3421

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

Defendant

A Imprisonment with prison labor for six months and for two years, respectively.

, however, the defendant from the date of this judgment.

Reasons

Criminal facts

1. Defendant A, around 16:00 on March 10, 2014, committed a assault by Defendant A with the victim B (the age of 43) who was working partner in the trifeng-ro trifeng-ro Co., Ltd., Ltd., Ltd., which was located in trife-ro 7, with the trife-ro trife-ro 1-3 (the age of 43). The Defendant used the victim’s hump pipe (the length of 50cm, weight 3 km) in the state of profe-khing with the left hand, and used the victim’s humbbbs.

2. Defendant B, at the time and place described in the above paragraph (1), was assaulted from the victim A (the age of 40) to the victim A (the age of 40), and the head, shoulder, arms, etc. of the above victim were removed from several times, resulting in a stamper (the length of 50cm, weight of 5 km), which is a dangerous object at that place, and led the victim to cut down the body, shoulder, arms, etc. of the above victim to approximately eight weeks of treatment.

Summary of Evidence

【Court No. 1】

1. The defendant A's partial statement

1. Legal statement of the witness B;

1. The legal statement of witness E (the second fact in the market);

1. Defendant B’s legal statement

1. Defendant A’s legal statement

1. The suspect interrogation protocol of the defendant A by the police;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act

B. Defendant B: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1)3 of the Criminal Act

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act, each of the suspended execution (the defendants);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Defendant A [Scope of Recommendation] The basic area (from June to January 1): The sentence was determined in consideration of six months of imprisonment, the suspension of execution of sentence two years, the violation of the community service order Defendant, the contingent crime, and the absence of any history exceeding the fine by the Defendant.

2. Defendant B’s recommendation.