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(영문) 서울중앙지방법원 2014.04.25 2014고단777

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On December 4, 2013, at around 11:15, the Defendant assaulted the Victim D (P, 23 years of age) (hereinafter “C”), who was on the 6th drinking house of Gangnam-gu Seoul Metropolitan Government building B, and was seated adjacent to an illness, which is a dangerous object on the table, and was drinking at the seat next to the police station.

2. The Defendant assaulted the Victim E on the date and time set forth in the above paragraph (1), and on the part of the Defendant who was suffering from an illness at the place, on the ground of the victim E (the 30-year old-age-old) and the fact that he was suffering from a dangerous object on the tables.

Accordingly, the defendant carried a dangerous object, and assaulted victims.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of E;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 260 (1) of the Criminal Act (the occupation of assaulting carrying dangerous objects);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentence of Article 62(1) of the Criminal Act (the decision of a suspended sentence) is a crime of assault (the decision of a suspended sentence). The sentence of Article 6(1) of the Act on the Suspension of Execution is a crime of assault (the person who has been habitually punished, repeated crime, special assault) - Where the mitigated element is punished (including serious efforts to recover damage) or considerable partial damage is recovered - where the crime was committed by the threat of force of an aggravated organization or multiple groups or by carrying a deadly weapon or other dangerous articles (except where special assault is applied) or where the crime was committed by carrying a deadly weapon or other dangerous articles (the decision of the recommended area) [the scope of the recommended area] six to one year [the scope of the punishment [the range of sentencing] applicable: one year or more of the statutory punishment of the Act on the Suspension of Execution] - Major witness reasons: The same kind of adverse criminal records (the period of imprisonment of not more than five years, or a fine of not less than three times).