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(영문) 수원지방법원 2014.01.15 2013고단5786
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 2, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Suwon District Court on November 2, 2012 and two years of suspension of execution for a period of one year and six months, and the judgment on November 10, 2012 becomes final and conclusive and is currently in the period of postponement.

The defendant and the victim B (n, 35 years of age) are related to human relations.

1. At around 07:30 on September 8, 2013, the injured Defendant, while drinking alcohol together with the victim at the victim’s house located in Suwon-si, Suwon-si C and 101, was unable to store the victim’s contact information with the Defendant’s her her her her her her her her her her her her her face when her her her her face was taken twice, followed by drinking her her her her face on 1, 2 occasions, and her her her her her her her part on her her her her her her her humcon on the treatment day.

2. The Defendant in violation of the Punishment of Violence, etc. Act (a collective weapon, etc.) committed assault against the victim at the above date, time, and place, and used nets (a 10 cm, length 25 cm, length 25 cm), which are dangerous objects at the location of the victim, to the right head of the victim and to the end of the victim, and to the term “brut down.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Criminal place, photographs of damaged parts, and investigation report;

1. Previous convictions: Inquiries and inquiries, and application of Acts and subordinate statutes of investigation reports (limited to the same criminal records and attachment of the judgment);

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning the crime (the point of intimidation to carry a deadly weapon);

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 Code for discretionary mitigation has a record of having been punished several times by an act of violence, and the suspension of the execution of imprisonment with prison labor for the same crime is suspended.

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