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(영문) 춘천지방법원 강릉지원 2015.07.01 2013고단712
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for nine months.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

1. On September 15, 2013, the Defendant: (a) damaged the property by leaving the floor of the unexplosion of the market price, which is the victim owned by the victim D (n, 47 years of age) of Gangseo-si, under the influence of alcohol, while drinking in front of the 'E' restaurant with the 'E' that is operated by the victim D (n, n, e.g., the 47 years of age).

2. The Defendant violated the Punishment of Violence, etc. Act (collective violence, deadly weapons, etc.) stated in paragraph (1) that the Defendant was able to avoid disturbance in the above restaurant, and returned home to the police officer, and did not participate in the routing of the disturbance, which is a dangerous object to comply with it, and that the Defendant was placed in front of the house of the victim G (the age of 47) located in Gangseo-si, Gangnam-si on September 15, 2013 when the said restaurant was in front of the house of the victim G (the age of 47) located in Gangnam-si, Gangnam-si, 2013, and the victim stated that the victim “ must go to the string of the string of the string of the string of the 2013, while leaving the string of the string of the

In this respect, the defendant, who is a dangerous object, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Application of relevant Acts and subordinate statutes to photographs and records of seizure;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of causing damage to property, the point of causing damage to property, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments for the crimes of the two crimes);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act are as follows, taking into account the following circumstances: Defendant’s age, character and conduct, family environment, circumstances surrounding the crime, circumstances surrounding the crime, means, and results, and all the conditions of sentencing indicated in the records and arguments, such as the circumstances before and after the crime.

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