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(영문) 수원지방법원 2012.11.29 2012고단3467

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 21, 2011, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution at the Suwon District Court for the crime of interference with business, and the above judgment became final and conclusive on September 29, 2011.

At around 18:40 on July 17, 2012, the Defendant: (a) conspiredd the Defendant’s kids of the Defendant with the Victim C (the age of 67) in front of “Stom Park Outdoor Music Center” located in Suwon-si, Suwon-si, Suwon-si, 417, and abused the Defendant’s kids of the Victim C (the age of 67) on the other hand; (b) collected alkin aluminium a dangerous thing laid on the wheel of the Victim; and (c) laid down three times the Victim’s head into the victim’s left hand.

Summary of Evidence

1. Each legal statement of witness C and D;

1. Statement to C by the police;

1. A victim's photograph, a motion picture, an investigation report (Evidence Nos. 6)

1. Records before judgment: Criminal records, etc., and the application of Acts and subordinate statutes of inquiry reports and investigation reports (Evidence List Nos. 8);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the degree of damage caused by the instant crime and the fact that the victim does not want the punishment of the defendant);