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(영문) 수원지방법원 2013.08.14 2012고단6303
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than 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

The defendant is a collection day without a fixed residence, and is a person living in the Suwon-si C Group in the Suwon-si, Suwon-si, and the victim D(48 years of age) is known to one another while living in the old house.

At around 00:30 on August 9, 2012, the Defendant: (a) while drinking alcohol at the F playter E located in Suwon-gu Suwon-gu, Suwon-gu, Suwon-gu, the Defendant collected it as water and sold it to the playter at his own discretion, left the fact that the victim arbitrarily purchased it on the water, made the victim flown the body of the head of the victim three times, and calculated the victim’s face and body part several times by a glass disease, which is a dangerous object in the location.

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

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Application of the Acts and subordinate statutes to CCTV data on the surface of violence;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Suspension of Execution refers to the suspension of execution of a sentence by taking into account all the circumstances, such as the fact that the defendant denies the crime, but it seems that

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