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(영문) 수원지방법원 평택지원 2014.08.06 2014고단643
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

Defendants shall be punished by imprisonment for eight months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 28, 2014, the Defendant: (a) around 23:30 on the singing point of the victim D (the age of 70) operated in Pyeongtaek-si C; (b) on the ground that, at the singing point of the operation of the victim D (the age of 70) operated in Pyeongtaek-si, he did not cause a large amount of damage to his employees; (c) opened three beer disease air conditioners who were adjacent to the Kabr, and opened three beer bottles, which are dangerous articles inside the Kabr, and destroyed the glass by cutting off the glass.

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

2. Defendant B, at the above date and time and at the above place, she saw that the above victim satisfyed, and satisfyed the victim’s head with bed with bed and dangerous things, and assaulted the victim by having satisfyd the victim’s head.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each written statement of D and E;

1. Application of each statute on photographs;

1. Article applicable to criminal facts;

A. Defendant A: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act

B. Defendant B: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1)1 of the Criminal Act

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

1. Article 62 (1) of the Criminal Act, each of the suspended execution (the defendants);

1. The defendants on the grounds of sentencing under Article 62-2 of the Criminal Act (the defendants) have a record of criminal punishment several times due to the same mistake in the past (10 times in the case of the defendants A, and six times in the case of the defendants B), each of the crime methods of this case appears to be disadvantageous to the defendants; however, the defendants appear to have an attitude to recognize the facts charged of this case and reflect their mistakes; the defendants agreed smoothly with the victims; the defendants committed contingent crimes under the influence of alcohol; and the defendants' age and age.

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