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(영문) 수원지방법원 2014.05.16 2013고단2769
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[2013dan2769] On May 31, 2013, the Defendant discovered the victim D(28 years of age) due to the cause of the delivery of the Chinese house, in front of the Osan-si apartment on May 31, 2013, where the Defendant was at the time of three times the head of the victim, who was a dangerous object while carrying the time fee.

In this respect, the defendant carried dangerous objects and assaulted the victim.

[2013Kadan6918] On November 25, 2013, the Defendant discovered the victim G (26 years of age) who smoked in smoking cessation in the second floor of the building E in Osan-si, Osan-si, and prevented the Defendant. However, on the ground that the said G took a bath and bath, the Defendant took care of the face of the said G from the stairs adjacent to the above Sinsi (PC) (PC) bank, and took care of the face of the said G, and took care of the said G for about one week, and took care of the face of the said G.

Summary of Evidence

[2013 Highest 2769]

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. On-site and photographic images of criminal implements (2013 Highest 6918);

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do1148, Jan. 1, 201; 201Do1134, Jan. 1, 20

1. Article 62 (1) of the Criminal Act on the stay of execution;

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