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(영문) 수원지방법원 안양지원 2014.09.18 2014고단946
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2014 Highest 946] On May 19, 2014, the Defendant, while drinking alcohol with the victim E (the age of 42) while drinking alcohol at a “D” restaurant located in Ansan-si, A around 01:20, around May 19, 2014, had the victim’s head at one time with the victim’s head at 50c bec bec bec bec bec bec bec bec bec bec bec bec bec bec bec bec bec bec bec bec bec bec bec bec bec bec bec bec bec bec bec bec be

[2014 Highest975] On June 2, 2014, the Defendant used the victim F(46 years of age) in Ansan-si and the victim G(52 years of age) at the “D” restaurant operated by the victim G(s) who is his or her wife, and used the victim F to assault E at around 01:20 on May 19, 2014, the Defendant used the victim F to report to the police and to contain E in relation to the assaulting of E at around 01:20 on May 19, 2014, and used the victim F to use the victim F’s back head and title at least four times, which is a dangerous object, at the end of 3,00c plastic beer, and assaulted the victims at one time, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, G, and F;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the upper part and the photograph of the criminal tool;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act (the occupation of assaulting carrying a dangerous object);

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 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of recommendations: Imprisonment with prison labor for a year and six months to April 10;

(a) A crime referred to in subparagraph 1: A person subject to special mitigation (one year and six months from June to two years) of mitigation area (a year and six months from June), category 1, the special injury resulting from a repeated crime, or the special injury resulting from a repeated crime: A person not subject to punishment;

(b) Second offense (Crimes against Victims G):

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