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(영문) 수원지방법원 2014.02.13 2013고단7180
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 14, 2013, at around 23:20, the Defendant took the same attitude as the victim’s shouldered to the first floor of the building located in Suwon-si, the first floor of the building, where the victim C (the age of 47) told the defendant to satisfy the defendant, following the victim’s satisfe one hand, fright the victim’s face at one time, hump the victim’s face at one time, hump the victim’s face at one hand, hump the glass window, which is a dangerous object that was abandoned in the alleyway near the building, and humped the victim’s shoulder at one hand, and assaulted the victim’s face at a glass view again.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol to C

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant committed the instant crime even though he/she had been sentenced to a suspended sentence of three years on June 9, 2010 due to a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., and a deadly weapons, etc.) and had been sentenced to a suspended sentence of three years, it is necessary to strictly punish the Defendant in light of the fact that he/she committed the instant crime.

Provided, That the punishment shall be determined as per the disposition in consideration of the fact that the defendant is against himself and the victim does not want the punishment of the defendant.

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