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(영문) 서울동부지방법원 2014.09.26 2014고단2157

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six 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

On May 2, 2014, the Defendant was sentenced to a fine of 3 million won due to a crime, such as inflicting bodily injury upon the victim at the Seoul Eastern District Prosecutors' Office, and a crime of assault due to a criminal offense committed at the Seoul Eastern District Prosecutors' Office on March 31, 2014. On February 17, 2014, the Defendant was subject to a disposition of home protection case due to an assault due to a criminal offense committed at the victim at the Seoul East Eastern District Prosecutors' Office. On November 14, 2013, the Defendant was subject to a disposition of non-right to prosecute due to an assault due to a criminal offense committed by the victim at the Seoul East Eastern District Prosecutors' Office. On October 7, 2013, the Defendant was subject to a disposition of non-right to prosecute due to an assault due to a criminal offense committed by the victim at the Seoul Eastern District Prosecutors' Office, and was sentenced to a suspended sentence of 10 million won due to a fine and a penal offense.

At around 00:15 on July 23, 2014, the Defendant: (a) around 00:15, at a dynasium operated by the victim located in Gangdong-gu Seoul Metropolitan Government D; (b) there was a defect that the victim could not live together with the victim, who fyed the victim with drinking alcohol and drinking the fynasium; (c) the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant carried a deadly weapon or other dangerous object and committed violence to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and (2) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Suspension of execution;