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(영문) 수원지방법원 2013.09.11 2013고단1249
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:45 on March 20, 2013, the Defendant: (a) while drunkd at “D” restaurant in Suwon-si C, the Defendant: (b) obstructed the victim E (year 21) who was in a large amount of low interest, with a single hand, by taking a less part of the victim’s neck, and threatening the victim’s face by using a dangerous object in another hand; (c) threatened the victim’s face by hand; and (d) continuously led the victim’s head to the front door of the vehicle parked outside of the said restaurant; and (d) threatened the victim with assaulting the victim by assaulting the victim in both hands; and (e) threatening the victim by taking the victim’s head at the entrance; and (e) threatening the victim’s head at the seat of the vehicle parked outside the said restaurant; and (e) threatening the victim as harming the victim by assaulting the victim in both hands.

Summary of Evidence

1. Each legal statement of witness F, E, and G;

1. Each statement of E and F among the police interrogation records of the accused;

1. Each police statement of E and F;

1. A written statement of the G production;

1. Arrest report, investigation report, instrument of crime, application of Acts and subordinate statutes to the victim's photograph;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

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

1. In light of the fact that the sentencing of Article 62(1) of the Criminal Act, which could cause serious bodily harm to the victim of the reason for the sentencing of Article 62(1) of the Criminal Act, is not easy to commit the crime, and that it denies the crime, it is necessary to strictly punish the defendant.

However, the sentencing conditions in this case, such as the circumstances after the crime, the defendant's age, character and conduct, family environment, etc., shall be determined as ordered in full view of the following factors: (a) the defendant has no record of punishment in addition to a fine once; (b) the victim is the victim's wife by mutual consent with the victim; and (c) the motive, means and result of the crime

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