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(영문) 수원지방법원 성남지원 2015.11.18 2015고단1452

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On May 13, 2015, the Defendant: (a) around 01:15, the Defendant: (b) had been engaged in dactylology in E hotel in Jongno-gu Seoul, Jongno-gu, Seoul; (c) had a victim F (27 years of age) of the said hotel staff member’s flaps; (d) flapsing the victim’s bat with her hand; (c) had a small flaps with a dangerous object located therein; and (d) collected the victim’s flapsing the victim’s flapsing of treatment days; and (e) continued to collect flapsing the victim’s flapsing, which is equivalent to 200,000 won in the market price inside the said hotel; and (e) caused damage to KRW 1,414,270 in repair costs by shouldering guide signs, etc., which are owned by the said hotel.

2. The Defendant, as described in paragraph 1, destroyed by a 112 reported police officers, who were arrested as flagrant offenders and moved to criminal affairs of the police station located in Jongno-gu Seoul Jongno-gu Police Organization, Jongno-gu, Seoul (A. 30 centimeters, height 50 centimeters) that was placed on the front line of the above police station (A. 50 centimeters, height 50 centimeters).

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Part of the defendant's legal statement

1. The legal statement of the witness F (a statement that the defendant was faced with beer and beer in the vicinity of the witness because the defendant was faced with the witness, and one of them was satisfying);

1. Statement of the police statement concerning F;

1. A written diagnosis of injury;

1. Application of the written estimate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Article 366 of the Criminal Act; Article 141 (1) of the Criminal Act (the occupation of damage to goods for public use and the choice of imprisonment) concerning the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant repents and reflects his own crime, and is the victim.