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(영문) 수원지방법원 안산지원 2013.06.26 2013고단181
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

At around 02:44 on January 5, 2013, the Defendant assaulted the victim E head of the victim E by beer disease, which is a dangerous object on the table, on the ground that the victim F(43 years of age) was able to boom the shoulder in the victim E (51 years of age) and toilet, and assaulted the victim E head once by beer disease, which is a dangerous object on the table, on the ground that the victim F(43 years of age) who was seated in the side table was breathing the victim’s desire to breath of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement to F and E;

1. Application of Acts and subordinate statutes to investigation reports;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 260 (1) 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the cases in which he/she repents wrongs and commits the instant crime by contingency);

1. A portion not guilty under Article 62 (1) of the Criminal Act (normally agreed upon with victims);

1. On February 25, 2013, the summary of this part of the facts charged is that the Defendant, within the “H” located in Sinsi-si G, and is present at the court as a assault case, and thus, the Defendant was present at the court at the court of law. As such, the victim I’s inner part of the victim I, who was dissatisfied with the Defendant’s wife, was at one time at the inner part of the victim I, who was in contact with the Defendant’s wife, did the victim’s injury, such as the number of days of treatment.

2. Determination

A. The Defendant’s confession statement at the police station and the victim’s statement at the police station are admissible as evidence, which seems to correspond to the fact that the Defendant made one-time price of the inner part of the I’s inner part of the Defendant’s inner part of the victim.

B. First, the protocol of interrogation of the accused prepared by the judicial police assistant is written by the accused in this court.

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