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(영문) 수원지방법원 안산지원 2015.07.08 2014고단3212
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 13:34 on October 12, 2014, the Defendant found that he would receive a smuggling wage on 5th floor of the curmototy, and that he would not be informed to the victim D, an employee, even though he found the curmoto, and that the curmo, the cirr (15cm in total length), which is a dangerous object in the cleaning tool, broom, brooms the victim's shoulder, brooms the victim's shoulder, brooms and arms, brooms in the cleaning tool, and burgs the victim's shoulder (15cm in total length).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D (electronicly summary);

1. Articles of evidence and photographs;

1. Application of CCTV-recording video-recording-recording Acts and subordinate statutes;

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. The reason for sentencing under Article 62 (1) of the Criminal Act [the scope of recommending punishment] the reason for sentencing under Article 62 (1) of the suspended sentence shall be the case where the victim is fully responsible for the occurrence of a crime or the expansion of damage even in the basic sphere (two to ten months) of the crime (a person subject to special mitigation) / Where the victim has committed a crime by the threat of collective force or multiple groups, or carried a deadly weapon or other dangerous articles (excluding the case where special violence is applied): The decision of sentencing] is contrary to favorable circumstances; the victim is responsible for the occurrence of a crime; other circumstances unfavorable to the victim: the defendant's age, character and behavior, environment, the background of the crime in this case, the circumstances after the crime, etc.;

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