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(영문) 수원지방법원 성남지원 2015.10.30 2015고단1618
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 of the final judgment.

Reasons

Punishment of the crime

1. On June 8, 2015, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) : (a) around 23:00, the Defendant took one of the victim’s plastic training clubs (the length 75cc. m., 2cm.), which are dangerous objects, when the victim E (the age of 18) was able to take back the victim’s side head at several times on the ground that he/she was in possession of a mobile phone; (b) the victim E (the age of 18) was able to take off the victim’s side head at three times on the ground that he/she was in possession of a mobile phone; and (c) he/she again took one of the victim’s plastic training clubs (the age of 75cm in length, m., m., 2c.) at his/her hand when he/she was 10 and she complained of the victim’s her pain, she was able to put the victim to the victim’s left 10 p.

As above, the Defendant got the victim with approximately 14 days of medical treatment, pelvise, pelvise base, etc.

2. The Defendant, at the time and place mentioned in paragraph 1, instructed F, a f player, to take an action, and instructed F, to put the head of the victim’s head unsatisfed, f, to be boomed, and used F to keep the victim’s head unsatisf, to gather all of the players, and assaulted F at one time the victim’s head by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria shall be;

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