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(영문) 수원지방법원 2015.01.14 2014고단4025
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, the prosecution against assault against the victim C is instituted.

Reasons

Punishment of the crime

On October 6, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. in the Suwon District Court's Ansan Branch, and the execution of the sentence was terminated on August 10, 2012.

At around 03:00 on July 3, 2014, the Defendant d'E in Suwon-gu, Suwon-si, Suwon-si, was suffering from beer disease, and the Defendant d'E, as an employee, tried to restrain it, and the Victim F (F, 43 years of age) d's d's d's d's d's d's e's e's e's e's e's e's e's e's e's e's e's e's e's e's e's e's e's e's e

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

Summary of Evidence

1. Part of the witness C’s legal statement (in particular, part of the defendant’s hand when he had studio in studio, part of the defendant’s hand with the head of F in other hand, and that the defendant’s day was the hand of the defendant’s hand and the words of the defendant’s hand);

1. Part of the witness F’s legal statement (in particular, the part where the defendant was putting his head debt and the beer's disease was broken and the part where he was faced with his head debt)

1. The legal statement of witness G (in particular, the part that, if the defendant entered to stude in studio, the defendant was able to strawed with a shoulderer's disease and the head of F;

1. On-site photographs;

1. Previous convictions in judgment: Application of inquiries, such as criminal records, and Acts and subordinate statutes on personal identification and acceptance status;

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. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing [decision of type] under Articles 53 and 55(1)3 of the Criminal Act (including the fact that an agreement has been reached with the victim) and 6 of the Act on Discretionary Mitigation is used as violence crime (specific offender] (specific offender): In a case where the mitigated element has been restored to either a penalty not (including a serious effort to recover damage) or a considerable partial damage;

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