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(영문) 수원지방법원 2013.07.03 2013고단2109
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Around 22:00 on April 23, 2013, the Defendant, at the main point of “E” operated by the Victim D (F) located in Suwon-si, Suwon-gu, Suwon-si, the Defendant 2:00, called “E” and called “F (V1)” from the Victim F (F (V1) who carried out drinking in front of the victim D and carried out drinking in front of the victim D, on the ground that he was asked by the victim D to pay the drinking value in advance.

The defendant continued to report to the victim D, who was trying to report to investigation agency by mobile phone, cited beer's disease, which is a dangerous object at the above main point, and faced with beer's disease, so that the above beer's disease is broken and the left sprink of the victim D is protruding, and the victim's face is taken over by hand.

Accordingly, the defendant added the victim F to the victim F with an unexplosion of the unexploded face, and the victim D with an unexplosion of the number of treatment days.

2. The Defendant: (a) caused damage to property by cutting the beer’s disease, which was located there around, and damaged the victim’s market price owned by the victim D, by putting the beer’s disease at a time and at a place similar to paragraph (1) on the ground that he told F to avoid disturbance; and (b) caused damage to each cell phone worth of KRW 1 million at the market price of the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each investigation report (No. 9 and 10 No. 10 of the evidence list);

1. Application of Acts and subordinate statutes to field photographs and medical expenses invoice receipt;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the punishment of the crime; Article 3 (1) and Article 257 of the Criminal Act;

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

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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