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(영문) 춘천지방법원 원주지원 2015.08.26 2014고단447
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 19, 2013, the Defendant was faced with the victim F (years 53) who entered the above restaurant while drinking alcohol with E and his name in the original city “D” restaurant located in the original city of the Republic of Korea on November 19, 2013.

Accordingly, the Defendant collected a small broom, which is a dangerous object located in the table, while driving away from the above restaurant, and assaulted the victim’s head and left shoulder by the fluor’s disease. The victim G (53 years old) who was the denial of the above victim fluor’s head by the fluor’s disease. The fluor’s chest part of the female’s chest was collected at one time, and fluor’s head was fluor’s head was fluor’s head by the fluor’s disease, and fluor’s head was fluor’s fluor’s head was fluor’s head at one time before the above fluor’s convenience store.

피고인의 일행이었던 E도 이에 합세하여 위 편의점 옆에 쌓여 있던 플라스틱 박스를 집어 들고 위 H의 어깨와 팔을 각각 내리쳐 폭행하고, 이를 제지하던 H의 부인 피해자 I(여, 51세)의 오른팔 부분을 1회 때려 폭행하였으며, 그 과정에서 피고인의 또 다른 일행인 성명불상자는 발로 위 H의 팔 부위를 1회 걷어찼다.

Accordingly, the defendant, in collusion with E and his name defector, assaulted victims with dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, I, F, and H;

1. Application of the Acts and subordinate statutes to photographs and photographs of criminal scene;

1. Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Articles 260(1) and 30 of the Criminal Act concerning criminal facts

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Legal provisions;

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