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(영문) 수원지방법원 안산지원 2015.05.21 2015고단385
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 18, 2014, at around 22:19, the Defendant, while taking meals together with the victim E (the 54 years of age) who is a subsequent cafeteria of “D” in light of the trade name “D”, committed violence by booming the victim’s head on one occasion on the ground that the victim would not be able to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

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

1. Article 62(1) of the Criminal Act provides that the reason for sentencing [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Execution does not include the following: (a) the area where the sentence is mitigated (4 to 1 year and 2 months); (b) the case of the instant crime is mitigated (decision of sentence); (c) the accused has the same criminal records and two times (one time of suspended execution, one time of a fine), but the accused is identical to the Defendant (one time of suspended execution, one time of a fine); (d) the accused is against the Defendant; (e) the victim does not want the Defendant’s punishment; (e) the Defendant’s health is not good; (e) there is no criminal records after 20

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