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(영문) 수원지방법원 2013.11.21 2013고단1223
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:50 on March 4, 2013, the Defendant: (a) while drinking alcohol together with the victim E (20 years of age) and F at the D convenience store located in Suwon-si C, Suwon-si; (b) while drinking alcohol, the Defendant called “the victim was subject to a suspended sentence due to special robbery and rape; (c)”, the Defendant: (d) divided it into “the victim’s death by rape”; (d) putting the fluor’s disease, which is a dangerous object on the table, into the wall that is located on the table, putting it into the wall that is later than the victim’s et al.; (d) fluoring the fluor; (e) fluoring it into the shoulder glass, fluoring it into the victim’s left side; and (e) assaulted the victim’s fluor.

On March 4, 2013, at around 04:05, the Defendant: (a) notified the police officer who called out after receiving 112 report from the victim on the street before the above convenience store that the Defendant was a fine recipient; (b) assaulted the victim’s left side side side side part of the body of the victim one time by drinking the harmony to the right side.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act;

1. Although the defendant had been sentenced five times to a fine due to injury, obstruction of performance of official duties, etc. under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by taking into consideration the following circumstances: (a) the defendant committed the instant crime; (b) the defendant recognized and reflects the instant crime; (c) the defendant made efforts to recover damage by depositing money; (d) the victim’s damage is not very serious; and (e) the defendant has no criminal record of suspended execution

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