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(영문) 수원지방법원 2016.01.29 2015고단5317
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2015. 10. 4. 18:30 경 수원시 장안구 C에 있는 편의점 앞에서 피해자 D(50 세) 가 고등학생인 E, F에게 담배를 달라고 하면서 시비를 걸고, 위 편의점에서 구입한 소주병으로 때리는 시늉을 하는 것을 목격하였다.

Therefore, the defendant tried to stop with the victim's "Satra" while she tried to stop. However, while the victim was satisfying, the victim was satisfying, and the victim was satisfying and satisfying from the victim.

계속하여 피해 자가 피고인에게 다가서며 소주병을 거꾸로 들고 때리는 시늉을 하자, 피고인은 곧바로 위 소주 병을 빼앗은 다음 위험한 물건 인 위 소주 병의 바닥 부분으로 피해자의 머리를 1회 내리쳤다.

Accordingly, the defendant carried dangerous objects and put a show of the number of days of treatment on the left side of the victim, 1.5 cm of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (the degree of injury of a victim, hearing of witness's statements);

1. Application of Acts and subordinate statutes on site photographs and images of injuries;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence of the Criminal Act (a favorable condition for sentencing) is highly likely to inflict bodily injury on the victim due to a major illness, which is a dangerous object of the defendant. However, the defendant recognized the crime and reflects the defendant, while the defendant prevented a high school student from committing a crime, it appears that the defendant caused a contingent crime, and the victim seems to have been partially responsible for the occurrence and expansion of damage. The victim appears to have agreed with the victim, and the victim expressed his intention not to punish, and was subject to criminal punishment except for the previous offense of fine once 191.

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