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(영문) 춘천지방법원 강릉지원 2013.05.08 2013고단78
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On October 1, 2012, at around 22:00, the Defendant: (a) was aware of the victim D’s “EM” in Gangseo-si, Gangnam-si; (b) despite the absence of the intent or ability to pay the purchase price, the Defendant was aware that the victim would pay the purchase price; and (c) was aware of the victim’s 10,000 won, such as beer and beer, and (d) did not pay the purchase price; and (e) acquired property profits by failing to pay the purchase price.

2. Around October 23, 2012, the Defendant violated the Punishment of Violences, etc. Act (a collective violence with a deadly weapon, etc.) committed an act of assaulting the victim’s head by using an empty beer who was requested by the victim D to pay the drinking value at the same place as the victim D, and threatening an empty beer, which was a dangerous object on the table, as the victim’s head was her hand, and assaults the victim’s head.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning field photographs and drinking value receipts;

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the choice of punishment (Fraud, Selection of Imprisonment with labor), Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 260(1) of the Criminal Act (a) of the Criminal Act;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of two crimes)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the grounds for probationary mitigation below);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant reflects the mistakes and repents against the defendant, the fact that the defendant has agreed smoothly with the victim, and the fact that the defendant has no criminal records of a fine or heavier punishment);

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