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(영문) 수원지방법원 성남지원 2015.11.12 2015고단286
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around July 11, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) found his/her residence in the victim D (the age of 51) located in Hanam-si, Hanam-si, and used each item (aro: approximately 2.8 cm, vertical length: approximately 2.8 cm: about 2.8 cm, length: about 100 cm) that was prepared in advance for the reason that 50,000 won was not repaid to the victim, and used the part of his/her arms, side glass and head.

2. A special intimidation: (a) around 01:00 on July 12, 2014, the Defendant made a threat to “the victim, who had been drinking alcohol, has paid off money,” threateninged the victim to “the victim, who had been drinking alcohol, has paid off money,” with the floor of the hacks (a.7 cm: about 1.7 cm; length: about 1.7 cm; length: about 120 cm) which is a dangerous object prepared in advance.”

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each legal statement of witness E and F;

1. A written statement of the G production;

1. Statement of opinion;

1. Each photograph (as indicated in paragraph 1 of the judgment, the defendant asserts that the part of the victim's arms and bend parts of the victim's arms and bend parts of the victim's body, and that there is no head of the victim's body. However, according to evidence, including E's testimony to confirm the head of D at the time, it is sufficiently recognized that the defendant's head was when the victim's head was moved into several parts of the victim's body under each item of the judgment) and the law is applicable.

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 269 of the Criminal Act and Article 284 and Article 283 (1) of the Criminal Act concerning the crime;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendation] of the crime of assault and crime of category 6 (Habitual Offense, Habitual Offense, Special Violence) (6-10 months) and the basic area (6-1 year and 10 months) [the decision of sentence] of the victim.

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