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(영문) 수원지방법원 2015.02.02 2014고단1152
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 22:30 on October 5, 2013, the Defendant assaulted the Defendant, such as the Victim G (Nam, 35 years of age), H (Nam, 20 years of age), I (Nam, 28 years of age), and I (Nam, 28 years of age) of a dangerous object located in the nearby part of the Defendant, i.e., g., g., dumpation outside the F main store located in Suwon-gu, Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of G, I, and H;

1. Omission photographs;

1. Application of CCTV image Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 260 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] 6 types of assault crime (Habitual, Cumulative, Habitual, and Special Violence) (4-1-2 months) and mitigation area (4-1-2 months) (special mitigation area) where the victim also has considerable responsibility for the occurrence of crime or the expansion of damage: the applicable sentences and recommended sentences: One year or one year and two months [Pronouncement Decision]; one year or one year and one year and two months; the victim’s mistake is determined in light of the process of fighting and the progress of fighting; and the degree of damage, etc., the sentencing guidelines shall be determined by taking into account the following factors: six months; and six months; and the defendant’s punishment shall be determined by the sentencing guidelines.

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