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(영문) 수원지방법원 2015.06.04 2015고단1461
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On April 8, 2015, the Defendant violated the Punishment of Violence, etc. Act (collective violence, deadly weapons, etc.) on the ground that the victim D (hereinafter “Ecafeteria”) operated in the wife population C around 21:00 on the ground that the victim, who was aware of in-depth, walked a bridge to F and took a bath about the bridge without any particular reason, and was able to do so, the victim was able to do so, and that the victim was able to do so, who was able to be able to do so, of the dangerous things on his/her table, and was able to fit the back part of the victim.

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

2. The Defendant interfered with the business of the Defendant, at the time and place of Paragraph 1, obstructed the Defendant’s restaurant business for the victim for about 20 minutes by force by avoiding disturbance, such as taking a bath, taking a sound, breaking the beer, and breaking the beer, which was on the table.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of D, F, G, and D;

1. Application of the Acts and subordinate statutes to photographs (on-site photographs and side photographs damaged by victims), photographs, straws, and field photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 3 (1) and 2 (1) 1 of the same Act, Article 260 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, the selection of imprisonment with prison labor;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [Scope of Recommendation] Where the degree of assault is minor (Article 6 (Habitual Offense, Habitual Offense, Special Violence) [Article 1, 6, and 7] mitigated area (Article 55(1)3 of the Criminal Act / [Article 53 and 55(1)3 of the Criminal Act / Where the degree of assault is minor (Article 1, 6, and 7) / [Determination of sentence] Defendant has the history of having been punished several times due to past violent crimes, and further, considering that the Defendant was a period of probation due to violent crimes at the time of

The term of imprisonment with prison labor is as follows.

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