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(영문) 수원지방법원 여주지원 2015.04.28 2015고단142
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 12, 2015, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) around 09:20 on February 12, 2015, around the “Dcafeteria” in the operation of the victim C (nivers, 66 years of age) in Echeon-si, the Defendant was 10 frequently ill-inscepted in plastic so that he/she was released from the disease in plastic so that he/she was faced with the victim.

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

2. In the above time and place, the injured Defendant knife the safety appearance of the victim E (the age of 22) who meets the above time and place, and was inflicted on the victim by taking care of the victim’s face, clothes, etc. as a matter of drinking, and suffered bodily injury, such as an internal feet, skin, etc., for about two weeks.

3. At around 11:20 on February 12, 2015, the Defendant: (a) arrested and transported as a flagrant offender of the above criminal facts at the Yancheon Police Station’s Criminal Team office located in Echeon-si, Leecheon-si, 32; and (b) prevented the victim G during the influence of alcohol; (c) the head of the F Team, the victim’s leader; and (d) took part in the business of the said “D restaurant”, among many and unspecified petitioners, insulting the victim by openly insulting the victim by referring to “the victim shall bit bitch bitch bitch bitch,” in addition to the Plaintiff’s business.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of C, E, and G;

1. On-site photographs, damaged photographs, etc.;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 311 of the Criminal Act concerning the punishment of the relevant crime, Articles 3 (1) and 2 (1) 1 of the same Act, Article 260 (1) of the Criminal Act (the point of injury, the

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the sum of the long-term punishments for crimes of violence, etc. with the largest punishment)

1. Article 53 of the Criminal Act for discretionary mitigation.

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