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(영문) 수원지방법원 2014.11.12 2014고단3543
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

The defendant is a person who engages in construction business.

1. On June 20, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) (collective, deadly weapons, etc.) committed assault against the victim B by putting the victim B at the direction of the 50 ambling line 73 Samsung Apartment-ro 50 ambling in Suwon-gu, Suwon-gu, Suwon-si, and without any reason, under the influence of alcohol, “I amb off the scam of this scam,” shicking the victim’s shoulder, shick pipe (120 cm in length, 111 cm in the scambre), which is a dangerous object in that place, and putting the victim at the direction of the victim.

2. On June 20, 2014, the Defendant interfered with the performance of official duties of the police officer, at the same place as the preceding paragraph, at around 23:50, and at the same time, the Defendant expressed that the police officer was able to arrest a flagrant offender as the police officer by the head of Suwon-nam Police Station C District District of Suwon-gu Police Station, who was called upon upon receipt of a report, D, and slope E, who attempted to arrest a flagrant offender as the victim of assault, and that the above police officer “Isne who grow up at the bar or spath, Is the spath of the spath,” and interfered with the legitimate performance of official duties of the police officer by carrying out hand the spaths of the s

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Application of statutes on photographs of damage;

1. Relevant legal provisions concerning facts constituting an offense, and the fact of assault by carrying a deadly weapon at the option of punishment: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act: Article 136 (1) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act include the following facts: (a) the Defendant’s mistake and reflects the fact that the Defendant committed the instant crime; (b) the victim B and the Defendant agreed smoothly after the commission of the crime; and (c) the Defendant has no record of more severe punishment than the fine.

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