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(영문) 서울서부지방법원 2013.12.19 2013고단3053

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for nine 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

On October 24, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.) at the Seoul Central District Court on August 24, 201, and two years of suspended sentence, and the judgment becomes final and conclusive on November 1, 2013.

1. On September 12, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) around 19:20 on September 12, 2013, the Defendant: (a) around the second floor dwelling in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) the Defendant’s front address D (the age of 51) may show the victim D (the age of 51), who was the Defendant’s front address, that the Defendant’s front address and front door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door to the Defendant’s second floor stairs; (c) however, the Defendant received a written confirmation from the front door door door door door door door door door door door door door door door door

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) threatened the victim with the Defendant’s rasher’s disease, which is a dangerous object, at the time, place, and at the same time, at the place specified in paragraph (1).

3. The Defendant damaged the property by reducing smartphones in a substantial amount of the market price owned by the victim on the ground that the victim tried to report 112 at the time, place, and place indicated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A certificate to notify the victim of domestic violence;

1. Before ruling: Application of inquiry reports and investigation reporting Acts and subordinate statutes, such as criminal records;

1. Article 3 (1), Article 2 (1) 1, and 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) 1, and Article 2 (1) 1, Article 257 (1), Article 283 (1), and Article 366 of the Criminal Act concerning the punishment of a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1.Discretionary mitigation: