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(영문) 수원지방법원 2014.05.28 2013고단1200
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A person shall be punished by imprisonment with prison labor for not less than three months and by imprisonment for not more than six months for a crime of No. 2 as decided by the court below.

Reasons

Punishment of the crime

On January 15, 2010, the Defendant was sentenced to ten months of imprisonment with prison labor at Suwon District Court for fraud, etc. and completed the execution of the sentence on October 6, 2010. On January 12, 2012, the Defendant was sentenced to one year of imprisonment with prison labor at Suwon District Court for fraud, and the judgment became final and conclusive on January 20, 2012, and completed the execution of the sentence on October 14, 2012.

1. On September 3, 201, the Defendant: (a) took dangerous things and frightened the victim’s face at his own house located in Suwon-si, Suwon-si, Suwon-si; (b) brought the victim D, who is his/her imprisonment, to her wife E, with his/her desire to her wife E; and (c) brought the victim’s face in the inner warehouse.

In this way, the defendant, carrying dangerous articles, assaults the victim.

2. On March 11, 2013, the Defendant: (a) at the above house around 23:49, on the ground that the victim D was not given money; and (b) as the victim D and E used a kitchen for the kitchen to the damaged gate at the direction of the escapeer; and (c) the victim D and E called “the victim who died.”

In this way, the defendant carried dangerous articles and threatened each victims.

Summary of Evidence

1. The defendant's partial statement in the fourth protocol of trial;

1. Witnesses D and E's respective legal statements;

1. Each police statement concerning D;

1. E statements;

1. Each photograph (Nos. 2, 6, 10 of the evidence list);

1. Before judgment: The application of criminal records, the number of personal records and the current status of confinement, and the Acts and subordinate statutes governing the binding of prosecution records dated May 2, 2013;

1. The possession of a dangerous weapon and an assault against a crime: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act;

1. Each of the facts stated in Paragraph 2 of Article 40 and Article 50 of the Criminal Code, which are concurrent crimes.

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