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(영문) 수원지방법원 안산지원 2014.07.08 2012고단2579
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Violation of the Punishment of Violences, etc. Act;

A. At around 03:50 on September 4, 2012, the Defendant, while drinking in front of C in front of C, and doing a dispute with the said victim with the Ethroman car of the victim D (the age of 31). On September 4, 2012, the Defendant used each item (the length of 110cm, the thickness of 8cm) which is dangerous to the said victim, and assaulted the said victim by leaving the body of the victim by hand.

B. The Defendant, at the above date and time, at the above time and place, assaulted the victim F (the age of 38) who was dissatisfied with the foregoing D, was in danger of harming the victim F (the age of 38), and flicked the above item on the face of the face, and flicked the face of the face at a time.

2. During the dispute with the above date, time, place, etc., the Defendant brought an injury to the party G (20 years of age) where the number of days of treatment can not be known due to the shouldered fingers of the victim G (20 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D, F, and G;

1. Application of the Acts and subordinate statutes to photographs of deadly weapons and damaged parts used in committing the crime;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 1 of the same Act, Article 260 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime (the point of injury, the selection of imprisonment with labor);

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 Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is against the defendant. However, in light of the method of crime, the crime is inferior and the defendant has been punished as an act of violence even before, and there is no agreement with the victims. Other factors such as the defendant's age, character and conduct, environment, motive, means and consequence leading to the crime of this case, circumstances before and after the crime of this case, and other various conditions of sentencing indicated in the records of this case.

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