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(영문) 수원지방법원 2012.12.26 2012고단4443
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 04:40 on August 15, 2012, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) (hereinafter referred to as a "victim") and the victim F (year 51) who was in drinking alcohol in Suwon-si C, Suwon-si, Suwon-si, and was in drinking alcohol to the victim, who was in drinking alcohol and was in drinking alcohol, and was in drinking alcohol, and went to the bank, and did not find any dangerous things despite having gone to the bank, the Defendant did not look back of the cryp and carried the cryp, leading the victim out of the hospital, caused the cryp to the cryp of the cryp, and then broken the cryp to the victim's face, caused the cryp to the left hand of the cryp to the victim's loss, caused the cryp to the victim's left hand.

2. The Defendant interfered with the business of the Defendant, by force, interfered with the victim D’s restaurant business by forcing all customers who were in a place where the disturbance was avoided, at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Application of Acts and subordinate statutes to field photographs and CCTV photographs;

1. Articles 3 (1) and 2 (1) and 3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Articles 257 (1) and 314 (1) of the Criminal Act (Appointment of imprisonment with prison labor for obstruction of business);

1.Article 37 (former part), Articles 38(1)2 and 50 of the Criminal Code among concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (The injury of the victim is insignificant, the victims do not wish to punish the defendant, the victims are reflectd, the relationship of criminal record, etc.);

1. It is so decided as per Disposition on the grounds that the suspended execution is more than Article 62(1) of the Criminal Act (the grounds for discretionary mitigation);

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