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(영문) 수원지방법원 여주지원 2014.10.27 2014고단610
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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A defendant shall be punished by imprisonment for not less than eight 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

On July 17, 2014, at around 01:45, the Defendant, while under the influence of alcohol in front of C in Leecheon-si B, took a bath to the victim D (17 years of age), E (16 years of age), and the victim F (17 years of age) and took a bath to the victim F, she saw the part of the victim D's distribution of alinium material (1m in length) into several times, she saws the part of the victim D, she takes a part of the left part, she takes several times, she takes a part of the victim E's head and part, she takes part of the victim E, she takes part of the part, she takes part of the victim F's head and left part.

Accordingly, the defendant committed violence to victims by carrying dangerous articles.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Each E, D, and F statement;

1. Application of damaged photographs, deadly weapons and Acts and subordinate statutes;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the agreement with victims and the confession and reflecting of a crime);

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

1. The case where a defendant who has been able to have the record of violence, such as the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, committed an assault against the victims by carrying dangerous articles while under the influence of alcohol, and the quality of the crime is not minor;

However, the punishment was determined in consideration of the fact that the crime was led to confession and reflect, the fact that there was agreement with the victims, etc.

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