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(영문) 서울북부지방법원 2015.04.16 2015고단269

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

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

On January 3, 2015, at around 09:30 on January 3, 2015, the Defendant, at the Defendant’s house located in Dongdaemun-gu Seoul Dongdaemun apartment C apartment D, sent back the victim E (the age of 23) and drinking, and talked with the victim, which is a dangerous object that the victim was living in his house on the ground that the victim did not go against the Defendant and did not do so.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to the violenced part photograph;

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 62 (1) of the Criminal Act;

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for the sentencing of Article 48 (1) 1 (Evidence 2) of the Criminal Act for forfeiture [decision of the Punishment] Crimes, Violence Crimes, No Special Violence (Special Assault) [Scope of Recommendation] Basic Field, No one year from June to October 1 (decision of the Punishment] Imprisonment with prison labor for 1 year from June to 201, conditions favorable for 2 years of suspended sentence: Maternity, reflectivity, the degree of assault, and the fact that a person involved in ex post facto distribution has deposited 50,000 won for a victim: The fact that a majority of the previous crimes including juvenile protection cases, and the victim suffered bodily injury;