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(영문) 수원지방법원 여주지원 2013.09.09 2013고단681
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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

At around 01:30 on June 8, 2013, the Defendant, at the main point of the “C” located in Ischeon-si B, on the ground that the victim D (the age of 45) cannot identify the Defendant despite the same sex, assaulted the victim when her upper part of the head of the right head of the victim’s body, which is a dangerous object, in response to the victim’s resistance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

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

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the injured party does not want the punishment of the accused, etc.);

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

1. Reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, Article 59 of the Act on Probation, Etc. [the scope of punishment] 6 months to 15 years [the decision of punishment] 6 years from 6 months to 15 years from 6 years from 3 years from 4 years from 4 years from 4 months from 1 year from 1 year and 2 years from 3 years from 4: A person under no special mitigation: A person under no general mitigation [the scope of recommendation]: A person under general mitigation who has no general mitigation (the scope of general mitigation]: There is no reason for the main disciplinary action [the suspension of execution]; a person under positive (where a person commits a crime with dangerous articles carrying a sentence of imprisonment with prison labor or more]; A person under suspension of execution of execution of imprisonment with prison labor; but the method of committing a crime by carrying a victim's dangerous articles by carrying them; however, a person under special mitigation shall be determined by taking into account the fact that the defendant did not have any criminal conviction or more and agreed with the victim;

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