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(영문) 수원지방법원 2015.11.04 2015고단1610
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

At around 06:30 on February 3, 2015, the Defendant, while drinking alcohol in Suwon-si C, 'Eju' in the operation of the victim D (Woo, 49 years of age) in Suwon-si, Suwon-si, the Defendant expressed that "Yol-si, I will am for the young, so we will see three small-scale soldiers, which are dangerous objects on the table, and are in line with the victim's body. One of them is the victim's body, and one of them is the victim's face while fighting is being carried out.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement;

1. On-site and photographs of violence;

1. Application of Acts and subordinate statutes to report on investigation;

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order include several occasions of assault and punishment, and the following are considered in light of all the reasons for sentencing, including: (a) the nature of the crime of assault and assault committed by the victim who has been engaged in his/her business on several occasions without any special reasons; (b) the nature of the crime of assault and assault is very bad; or (c) the circumstance in which the defendant committed the crime while he/she has lost his/her ability to control under the influence of alcohol; and (d) the fact that the victim has been subject to an agreement after compensating the victim of the damage.

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