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(영문) 수원지방법원 2013.06.26 2013고단2119
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. On April 23, 2013, the Defendant, in violation of the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) entered a Kafbook in Suwon-si, Suwon-si, "D (A. 51 years old) operation of the victim C (A. 51 years old) and requested the victim to provide alcohol, but the victim said that he does not sell alcohol, the Defendant collected one Macer’s disease, which is a dangerous object mentioned in the cooling house, and committed assault to the victim.

2. The Defendant damaged the property to the extent that the repair cost is 410,000 won, by walking a aluminium door in D aluminium at the same time and place as that of paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the offender's place, report on arrest of the suspect, investigation report, field photograph, and visit to the damaged aluminium, and written estimate for damage; and

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 concerning the crime;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (aggravated Punishment within the scope of adding up the long-term punishments of crimes in violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.), among concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. In view of the fact that the defendant for the reason of sentencing under Article 62-2 of the Probation Criminal Act has a record of being punished several times as an act of violence, and that he/she has used dangerous objects for committing a crime, a serious punishment against the defendant is required.

However, the fact that the defendant has no record of punishment heavier than the suspension of execution, the confession of the crime, the victim does not want the punishment against the defendant, and other crimes of this case.

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