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(영문) 춘천지방법원 원주지원 2014.01.22 2014고단4
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 21, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective violence, deadly weapons, etc.) and the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc.) (a collective action, deadly weapons, etc.) committed an act of drinking together with the victim E (F) who was involved in a teahouse operated by the victim C at the original State, within the D teahouse operated by the victim C, the Defendant continued to be able to see that the latter part (F) of his name in company was good for the victim E.

The defendant, carrying dangerous articles, assaults the victim E, and damaged the victim C's property.

2. The Defendant destroyed and damaged property by putting in the ground space the victims C, who were in a place under paragraph (1), with the same background as that provided in paragraph (1) at the time and place under paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (victim C case settlement and non-Appearance of attendance);

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. against Criminal Crimes, Article 260 (1) of the Criminal Act, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 3 (1) and Article 2 (1) 1 of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act;

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

1. The fact that the Defendant reflects the wrongness of the Defendant under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and the degree of damage is relatively minor.

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