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(영문) 수원지방법원 2014.08.14 2014고단1175
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, 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

At around 23:05 on February 27, 2014, the Defendant spreaded the victim D (n, 43 years of age) and F cafeteria operated by the victim E (38 years of age) to the victims on the ground that the victims was under the influence of alcohol, and caused the victims to have broken the Defendant, and thereby threatening the victims to “hing off hinging, sick, and hinging down hinginginginging of hingings, hingingings,” and to “hing off the hings of hingings, hings, which are dangerous objects on the table, and the victim reported to the police.”

Accordingly, the defendant assaulted the victim D using dangerous objects, and threatened the victim E.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Application of statutes on field photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (a point of assaulting carrying a dangerous object), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act (a point of intimidation carrying a dangerous object) of the relevant Act on 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. The first crime for sentencing under Article 62-2 (1) of the Social Service Order Criminal Act (Scope of Recommendation) with the reason for sentencing under Article 62-2 (1) of the Social Service Order Act (hereinafter referred to as the "social Service Order") in the case where the degree of assault is minor (from April to January 1) in the mitigation area (the special mitigation area) [the scope of Recommendation] (the scope of Recommendation), Type 1, 6, and 7] in the case where the degree of assault is minor (from April to 1) in the mitigation area (the special mitigation area) [the degree of intimidation] in the mitigation area (from April to 1 year) in the mitigation area (the degree of special mitigation), the extent of final sentence due to the aggravation of multiple crimes: April to August 1 [the decision of the sentence] in the case where the defendant has no record of punishment heavier than the suspension of execution, and each of the crimes of this case in this case.

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