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(영문) 수원지방법원 여주지원 2015.05.27 2015고단210
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around December 24, 2014, the Defendant violated the Punishment of Violence, etc. Act (a collective injury, etc., with deadly weapons): (a) around 01:20, the Defendant Dozed the victim E (the age of 46) or F, the leakage of the victim E (the age of 46) or the victim’s damage from the victim; and (b) he heard the victim’s words “Ha thousand nine hundred and sixty times” from the victim; (c) the candle belt, which is a dangerous object on the table, was taken by the victim’s face; and (d) the victim’s face was removed from the victim’s face for about fifteen (15) days on the left side.

2. On December 24, 2014, the Defendant: (a) arrested a flagrant offender on the ground of paragraph (1) by the police officers belonging to the G District District of the Leecheon-gu Police Station, who was dispatched to the scene on the ground of paragraph (1); (b) arrived at the G District parking lot; (c) sent the patrol car’s door and seat at several times; and (d) expressed the police officer’s desire to “I am well away from the hearing auditor. I will am well away; and (d) interfere with the police officer’s legitimate performance of duties concerning the investigation of the crime by means of shakening the H’s body by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. E statements;

1. Related photographs;

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

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the execution of public duties and the choice of imprisonment);

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

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

1. Type 1 (Extent of Recommendation), Type 1 (Habitual Injury, Bodi Bodi Bodily Injury, Bodily Injury, and Special Bodily Injury) for the reason of sentencing under Article 62(1) of the Criminal Act on the suspended sentence (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Act on the Suspension of Performance of Official Duties) for

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