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(영문) 수원지방법원 성남지원 2016.02.03 2015고단1359
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for four months.

However, 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

The defendant is between the victim C and the husband.

The Defendant, at around 19:00 on January 4, 2015, in the Defendant’s residence located in the Republic of Korea (hereinafter “the Defendant”) and had a dispute with the Defendant, while drinking alcohol as the victim, will have the Defendant died of the Defendant’s residence.

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Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing damage and on-site photographs;

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of the recommended punishment] 6 types of assault crime (Habitual, repeated, and special assault) [4 months to one year] [the person who is subject to special mitigation] is not entitled to the punishment of the defendant, and there is no record that the defendant has been punished in excess of the fine for the past 20 years, the defendant is led to the confession of and against the crime of this case, and the execution of the sentence is suspended on the condition that he is subject to protection and observation as ordered according to the sentencing guidelines, taking into account the sentencing conditions, such as the defendant's age, sex behavior, environment, and circumstances after the crime.

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