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(영문) 대전지방법원 서산지원 2016.02.04 2015고단425
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 29, 2014, around 20:55, the Defendant: (a) refused to drink alcohol on the front side of the D amusement main point located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do; (b) and (c) thereby refusing to follow the second two directions; and (d) T. B. B., the Defendant “bhn with a width” to the Defendant.

”라고 말하면서 손으로 피해자의 얼굴 부분을 1회 때려 그녀를 길바닥에 넘어뜨리고 그녀에게 “ 너 같은 건 죽여도 나한 테는 하등 상관없다 ”라고 말하여 위협하고, 이를 제지하는 피해자 F( 여, 39세 )에게 “ 너도 똑같다 ”라고 말하면서 손으로 피해자의 얼굴을 2회 때리고 발로 그녀의 배 부분을 2회 찼다.

As a result, the Defendant inflicted injury on the victim E, such as spacule, which requires a flood control for about 28 days, and spacule the double wall that requires treatment for about 14 days to the victim F.

2. At the time of the above day, the Defendant: (a) opened a coo-dong on the driver’s seat of a coos car in G in order to leave the above place at the above time; and (b) opened the above vehicle from behind the above vehicle to body so that the said vehicle does not proceed to the vehicle; (c) opened the victim E with the part of the cood section of the said vehicle, which is a sound and dangerous object, “find, find and dangerous object”; and (d) opened the female beyond the floor by taking part of the cood part of the said vehicle.

Accordingly, the defendant carried dangerous objects and assaulted victims E.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H and F;

1. Statement of reference witnesses by the prosecution concerning E and F;

1. Photographss of victims and vehicle numbers of the suspects;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 261 and 260(1) (the point of special violence) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Social service order under the Criminal Act;

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