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(영문) 수원지방법원 안산지원 2019.10.02 2019고단1038
특수폭행
Text

A defendant shall be punished by imprisonment for six 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. Defendant A and B’s joint criminal conduct around 17:30 on October 14, 2018, around 17:30, 2018, Defendant A and B, together with Defendant A, were to participate in the daily eating place of Defendant A’s branch (E) together with Defendant A, and there was a dispute, such as where Defendant A and B were assaulted by F and G while taking a meals together with Defendant A’s branch of the group of the group of children.

Defendant

A, B은 위 일시경 위 베트남식당 밖에서, B은 피해자 위 F가 대나무통(물담배를 피울 때 사용하는 도구)을 손에 들고 B을 향해 휘두르자, 주먹을 피해자의 얼굴을 향해 휘두르고, 발로 피해자의 몸을 걷어찼으며, B을 뒤따라온 피고인 A은 이에 가세하여 그곳에 있던 위험한 물건인 벽돌로 피해자의 얼굴 부위를 2회 때렸다.

As a result, the Defendants conspired to commit violence against the victim F by carrying dangerous objects.

2. Defendant A: (a) at the time, time, and place described in the above paragraph (1); (b) the victim G used the above F as described in the above paragraph (1) as a brick, which is a dangerous object used by the victim by drinking him; (c) when the victim’s face was faced by the victim’s body by drinking him; and (d) the victim’s body was faced by drinking him.

Accordingly, the defendant carried dangerous objects and assaulted the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. A H statement;

1. Application of the Act and subordinate statutes to editing data where a specific crime is committed by a suspect, two CDs in which photographs at the site of the case, enormous photographs presumed used at the site, and CCTV image data at the site of the case are stored;

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (Article 30 shall apply to the crime of violation of Article 1 at the time of sale), and the choice of imprisonment, respectively;

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

1. The suspended sentence is a dangerous object for sentencing under Article 62(1) of the Criminal Act.

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