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(영문) 수원지방법원 성남지원 2013.08.08 2013고단1288
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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

1. On May 27, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) (hereinafter referred to as the “E Party Head”), around 00:20 on May 27, 2013, when he saw the Victim D (E Party Head) from the “E Party Head” operated by the Victim D (E Party 42 years of age) on the ground that the victim’s booms the victim’s booms and takes a bath for the reason that the victim’s booms the burg, one of which was in the C Party burg, and puts the burg, a dangerous object, on the part of the said C Party burg, and puts about four other C Party burged, a dangerous object in the C Party burged, and burged the victim’s burged with the victim’s body.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant: (a) caused damage to property, on the ground that the victim D was at the time and place described in paragraph (1) and (b) caused a disturbance as described in paragraph (1); (b) caused the damage to the damaged part of the documentary area, one of the documentary area equivalent to KRW 50,000 in the market value of the damaged part of the documentary area, which was in the documentary area, to be opened up on the floor; and (c) caused one of the balls was laid up on the wall near the calculating unit to be 50,000 won in the repair cost of the wall; and (d) caused the damage to the damaged part of KRW 70,000 in the market value of the damaged part of the documentary area that was in the documentary area due to the defect in approximately KRW 280,000 in the market value of the damaged part.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of statutes on site photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 260 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the punishment of crimes;

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:

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