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(영문) 서울남부지방법원 2015.03.05 2014고단4212

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

At around 06:00 on September 14, 2014, the Defendant: (a) had pets C (the 50-year-old 202) and pets C (the 50-year-old 202) in the Defendant’s residence in Geumcheon-gu Seoul, Geumcheon-gu; (b) had her head and shoulder of the victim; (c) had her head and shoulder; (d) had her hand her hand; (d) had her body; (e) had her head her hand; (e) had her head her hand; (e) had her escape with her head her hand; and (e) had knife knife, which is a dangerous object inside the house (the knif length 20cm) and had her knife

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Police seizure records;

1. Application of Acts and subordinate statutes on criminal tools and 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;

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [Scope of Recommendation] Crimes under Article 48(1)6 of the Act on the Punishment, etc. of Violences (Habitual Cumulative Offense, Habitual Offense, Special Violence) (No person in special form] [Determination of sentence] / [Determination of sentence] Defendant is sentenced to imprisonment for one year and six months for a violation of the Punishment of Violences, etc. Act (injury to Group, Deadly Weapons, etc.), and two years for a suspended sentence as of December 31, 2013, which became final and conclusive on December 31, 2013, which led to the instant crime, it is inevitable to sentence sentence on Defendant

On the other hand, in consideration of the fact that the defendant recognizes and reflects the crime, the agreement with the victim, and other various sentencing conditions such as the defendant's age, character and conduct, environment, and circumstances after the crime, the punishment as ordered shall be determined within the scope of the recommended punishment