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(영문) 수원지방법원 2016.08.25 2016재고단14

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

1. A special intimidation: (a) around October 9, 2014, around 04:15, the Defendant: (b) threatened the victim E and alcohol, the same company club fee; and (c) threatened the victim by taking the same attitude as the victim, who was in a dispute with the victim E and alcohol.

2. The Defendant suffered special injury: (a) while engaging in a dispute again with the victim E in front of the above main point at the same time, he saw Byung as a sergeant with the victim, and she saw Byung as being on the tables; (b) shouldered the victim’s shoulder; and (c) flicked the victim’s back to a flick bottle, thereby cutting the victim’s back into the part of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to photographs and criminal implements taken by the victim against damage to the victim;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a special intimidation and choice of imprisonment), Articles 258-2(1) and 257(1) (a) of the Criminal Act concerning the crime;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes came back to the instant crime without being aware of the fact that the Defendant was under the suspension period of execution for the same kind of crime. In light of the content and method of the instant crime, in the light of the contents and method of the instant crime, the crime is heavy, and it is inevitable to punish the Defendant.

In light of the fact that the defendant's mistake is recognized and against the defendant, the fact that the defendant has agreed with the victim, etc., the court shall sentence the defendant as ordered in consideration of the degree of injury of the victim, the defendant's age, sexual conduct, etc. and all the sentencing conditions shown in the change theory.