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(영문) 수원지방법원 2015.01.23 2014고단6324
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A, at around 23:30 on October 5, 2014, 23:30, when she had a panpanty, smelled, snick, portable gas sirens, glass cups, frauds, and plastics, Defendant A, who she had a desire to talk with the victim while drinking together at his/her own house located in Suwon-si, Suwon-si, Suwon-si, and had been able to hear his/her desire from the victim, and assaulted twice the victim’s head who was 5th to 4th floor after the steel file, which is a dangerous object due to the victim’s injury.

2. Defendant B, against the victim A (the 42 years of age) who was gathering an object as set forth in paragraph (1), sealed the victim's chest part of his chest part into two arms, and then broken the victim's upper part into the victim's bed, and the victim's left knick knife was taken by the victim's driver, and the victim's knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the photographic Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

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

B. Defendant B: Article 257(1) of the Criminal Act; the choice of a fine (the reflection and agreement of the Defendant and the occurrence of the instant case)

1. Defendant A subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act (hereinafter referred to as “contributing circumstances favorable to sentencing”);

1. Defendant A who has an order to provide community service or attend a lecture: Article 62-2 of the Criminal Act;

1. Defendant B of the provisional payment order: Grounds for sentencing under Article 334(1) of the Criminal Procedure Act (Defendant A);

1. Scope of applicable sentences under law: Six months to fifteen years; and

2. The scope of recommended sentences on the sentencing criteria [decision of types] the scope of recommendations for violent crimes group-special assault shall be determined and decided.

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