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(영문) 수원지방법원 안산지원 2013.04.05 2012고단2630
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

At around 22:00 on November 25, 2012, the Defendant: (a) performed cryp in Ansan-si, a member Bp; (b) performed cryp and drinking with a high-speed line C, and was faced with the wall of beer disease; and (c) was faced with the shoulder part with the victim D (the age of 27) who was on the front table.

Accordingly, two beer diseases, which are dangerous objects on the table table of the victim D, were laid off on the part of the part of the victim D.

The Defendant continued to see E’s head debt by hand, and the victim F(51) who is a one-way victim of E’s f(51) was prevented, and the alinium falls short of alinium, which is a dangerous object on the test table, was faced with the face of the victim F, and was faced with the left part of the victim F.

Accordingly, the defendant carried dangerous objects and assaulted the victim D and F, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect against the defendant or E;

1. Each police statement made to D or F;

1. G statements;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 260 (1) of the Criminal Act;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration, such as the cases in which he/she repents wrongs, the victims, and the cases in which he/she agreed smoothly with the victims);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

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