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(영문) 서울북부지방법원 2013.06.27 2013고단931

폭력행위등처벌에관한법률위반(공동폭행)등

Text

A defendant shall be punished by imprisonment for one year.

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

1. The Defendant violated the Punishment of Violences, etc. Act (joint assault) committed a conflict with the victim, such as frighting the victim’s frighten, who was living in the D convenience point in Dongdaemun-gu Seoul, and the victim F (18 years of age) who was an employee of the said E and the said convenience store, due to the light of the signboards of the convenience store several days before the date. The victim was subject to death, and frightened at around 22:20 on April 8, 2013, such as E and frighted G, but the victim frighted together with G, on the ground that the victim would have expressed a desire to re-car E. However, the victim committed a joint assault with G, such as frighting the victim’s fright at the seat of the victim.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) and, at the same time and at the same place as set forth in paragraph (1), threatened the victim with a dangerous object, which is a dangerous object in the custody of the Defendant’s troke line, and thereby, threatened the victim by carrying a dangerous object, i.e., sound of the victim’s e., e., e., e., e., g., e., g., e., g., e., g.,

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of G;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Article 3 (1), Article 2 (2) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Articles 260 (1) and 283 (1) of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act shall be taken into consideration all the circumstances, such as the reflection of the defendant

1. Social service order under Article 62-2 of the Criminal Act;