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(영문) 수원지방법원 안산지원 2015.04.22 2015고단466
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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

Criminal facts

At around 22:20 on November 17, 2014, the Defendant, at D restaurant located in C, who performed drinking together with the victim E and the victim F, brought about a dispute with the victim E and the victim F, and made it three times to the victim E, and continued to have plastic contact one time to get the victim E, and continued to put the victim F with the eye of the treatment days.

In this respect, the Defendant, carrying dangerous objects, assaulted the victim E, and inflicted an injury on the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment with labor), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act (the point of violence, such as a group, deadly weapon, etc.) concerning the crime;

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the defendant has a large amount of punishment, but the confession and reflects of the defendant, the degree of damage suffered by the victim

1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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