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(영문) 서울중앙지방법원 2015.07.17 2015고단3025

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

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 became final and conclusive.

Reasons

Punishment of the crime

1. Around 07:40 on April 21, 2015, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) assaulted the victim’s left part by putting him/herself in the mouth of D Party “A” (the age of 47) operated by C in Gangnam-gu Seoul, with the victim E (the age of 47) while drinking alcohol with the victim E (the age of 1).

2. Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) caused the Defendant to tear, at the time and place set forth in paragraph (1), and at the same place, the Defendant: (a) laid down 10/10,000 of the market price of a dog, which is the victim C, owned by the victim C; (b) laid down the gas station, which is a dangerous object, laid down in the ceiling the gas station, and (c) laid down 2,00,000 of the gas station, which is a dangerous object.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of partial police interrogation of the accused;

1. Each police statement of C and E;

1. Application of statutes on field 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 (the occupation of assaulting carrying dangerous articles), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (the occupation of destroying and damaging dangerous articles)

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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The grounds for sentencing under Article 62(1) of the Criminal Act shall be taken into account: (a) the mitigated area (4-1-2 months) (special mitigation), the mitigated area (including serious efforts to recover from damage) or considerable partial damage (the decision of sentence] is against the defendant; and (b) the degree of damage in this case and the victims are not punished. It is so decided as per Disposition for the above reasons.