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(영문) 수원지방법원 평택지원 2014.08.14 2014고단739
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 23:40 on May 18, 2014, the Defendant violated the Punishment of Violence, etc. Act (collective assaulting with a deadly weapon, etc.) said that the victim D (27 years of age) said that the Defendant and the Defendant’s female-friendly room 3 located in Ansan-si B referred to the victim D (27 years of age) “hing back to a close-down,” and that the Defendant was faced with a fluoral disease, which is a dangerous thing that had been located there, around the left eye of the victim, and flussium the same part as drinking.

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

2. The Defendant violated the Punishment of Violences, etc. Act (a person committing a crime) stated in paragraph (1) that “E fighting is fighting at a opport range in front of the convenience store located near the place specified in paragraph (1) at the time and time, and after the Defendant fighting at the convenience store, the Defendant carried out excessive (a 11ccm in the blade length) at the Defendant’s house located near it.

Accordingly, the defendant carried a deadly weapon that is likely to be used for violent crimes without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of police statement of D or E;

1. Photographs;

1. Application of seizure records and list statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the occupation of an act of assaulting carrying dangerous objects), Article 7 of the Punishment of Violences, etc. Act (the occupation of carrying dangerous objects), which are likely to be commonly used for a crime, and the choice of imprisonment with prison labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. There is a need for the corresponding punishment because the accused's responsibility, which has been in excess of the risk of being used in the criminal act in the house, has committed violence against the injured party, which is an object dangerous to the reasons for sentencing under Article 48 (1) 1 of the Criminal Act.

However, the defendant commits a crime.

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