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(영문) 수원지방법원 평택지원 2014.01.16 2013고단747

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 03:15 on April 8, 2013, the Defendant suffered injury or damage of property: (a) while making a dispute with the victim D (the age of 31) on the ground that he was able to prevent the damage; (b) he saw the fat of the victim’s fat; and (c) took the fat of the victim’s fat; and (d) took the fat of the fat of the victim’s fat; and (c) took the fat of the victim’s fat; and (d) fat of the victim’s fat of the fat of the victim’s fat; and (d) fat of the victim’s face, f

As a result, the defendant injured the victim about 4 weeks of medical treatment, such as a non-furnal pelpel, and damaged the victim's market price by 200,000 won or more.

2. The Defendant, at the time and time specified in paragraph (1), avoided the assault specified in paragraph (1) and escaped from the room specified in paragraph (1), and then opened the visit, the Defendant collected stones ( approximately 23 cm, about 14 cm in length, about 14 cm in length), which are dangerous things in front of the visit, and then damaged the victim C’s unexponed visit at the market price under the control of the general Espon (f) of the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes governing damage and on-site photographs;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Punishment of Violences, etc. Act, Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, and choice of imprisonment, respectively, for the crime;

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

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

1. The defendant in the reason for sentencing of Article 62(1) of the Criminal Act under the suspended sentence is two times the same criminal records, and when the victim's inner part of the victim who was using his or her inner part, he or she suffered injury to the victim, such as a non-alleys, requiring four weeks of treatment.