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(영문) 의정부지방법원 고양지원 2014.07.25 2014고단584
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for one year.

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

Around 00:45 on December 20, 2013, the Defendant used a music called “E” in the “E” in the operation of the victim D (n, 26 years of age) in Paju-si, Pari-si, Pari-si, Pari-si, the Defendant: (a) took a day-to-day call from the victim; (b) took a day-to-day call from the victim; (c) took a day-to-day call from the victim that the victim does not have a day-to-day door; and (d) took a day-to-day call from the victim; and (e) took a day-to-day call, “A day-to-day kkk kk k k k k k k k k k k k k k k k k

When the victim is familiar with the head of the victim, the above main disease was faced with the wall, the shoulderer, the defendant continued to have one other main disease toward the victim, but the victim was broken away from the floor without being consistent with the victim.

In this respect, the defendant assaulted the victim by using two flicks, which are dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

1. Application of statutes on site photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation]: The basic area (6 months to 6 months and 10 months) of the crime of assault (Habitual, repeated, and special assault) [decision of sentence] of the crime of this case does not have any circumstances considering the circumstance of the crime of this case, and it is also poor that the defendant has committed the crime of assault, such as continuing to have the victim of the disease, which is a dangerous thing.

However, it does not seem as a planned crime, and it does not seem that the defendant's mistake is divided into one's own mistake and reflects it, there is no specific criminal power for the last ten years, and there is no damage such as rush, and the victim's great damage. However, even though it is small, it seems that the defendant has made a full effort to make a minimum effort for the damage compensation by depositing part of the damage for the victim.

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