beta
(영문) 서울서부지방법원 2013.12.12 2013고단2504 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

Defendants shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 09:05 on August 13, 2013, at C main points located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the Defendant heard that the victim D speaks against the owner of the main shop, and committed assaulting the victim by breaking up and threatening each item (1m in length) of a large-scale liquid mold, which is a dangerous object, by sprinking the victim’s face, sprinking him/her as sprinking him/her.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Application of Acts and subordinate statutes on police statements of E;

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 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Article 62 (1) of the Criminal Act (the fact that the defendant is against the defendant and is not significantly damaged by the victim).