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(영문) 수원지방법원 안산지원 2013.10.11 2013고단1959

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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A defendant shall be punished by imprisonment for not less than one year and 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

1. Around 00:40 on July 17, 2013, the Defendant violated the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) sought from the victim E (the 26 years old) who is a scamb customer in the next to the cambing line, and collected the scambled fish, which is a dangerous object on the table, and scambling up twice the scam of the victim’s scam.

Accordingly, the defendant carried dangerous articles and put the victim E into a critical head of the treatment days.

2. The Defendant, at the above date and place, assaulted the victim by putting a breath of the victim F (26 years of age) of the above E, which prevented the Defendant from committing the act under the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Each police statement to F and E;

1. A H statement;

1. Application of the Acts and subordinate statutes on the body photograph of the victim E;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (a point of harm, such as group, deadly weapon), and Article 260 (1) of the Criminal Act (a point of violence

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflective points);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the first offender, the degree of injury and assault, the circumstances leading to the commission of crime, etc.);

1. Social service order under Article 62-2 of the Criminal Act;