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(영문) 수원지방법원 안산지원 2015.07.01 2015고단1132
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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

Punishment of the crime

Around 05:40 on April 7, 2015, the Defendant heard that “E” on the 1st underground floor of Ma-si, G (E, South Korea, 21 years old), along with the victim G (hereinafter “E”) who works in F stores as the source of alcohol, and that the victim was under the influence of alcohol while drinking alcohol at F stores, and heard the victim’s face at one time as the victim’s hand, stating that “I will see the victim’s face,” and said, the victim was able to see the victim’s end with a beer’s disease, which is a dangerous object on his/her customer.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A report on investigation (or a relative investigation of a victim);

1. Application of Acts and subordinate statutes to field photographs and victim photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning a crime, Article 260 (1) of the Criminal Act;

1. Discretionary mitigation (The favorable circumstances examined in the following sentencing grounds) Articles 53 and 55(1)3 of the Criminal Act

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 Act on the Suspension of Execution (Consideration of Sentencing) is the category 6 (Habitual, Cumulative, Habitual, Special Violence) (2-1-2 months), the special mitigation area (2-4 months), the minor injury (2-4 years), the penalty not to be imposed (including efforts to recover damage), or considerable damage), or the scope of the comparative sentencing between the applicable sentence and the recommended sentence: 6-12 months (decision of sentencing): Imprisonment with prison labor for 6-12 months (decision of sentence): 6-6 months; 2 years of the suspended sentence (decision of sentence is against the defendant's own mistake; 2 years of the suspended sentence (decision of punishment is contrary to the defendant's original agreement with the victim; 3) the defendant's damage caused by the crime of this case is minor, etc.,

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