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(영문) 서울동부지방법원 2014.08.06 2014고단1693

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 April 24, 2014, at around 20:25, the Defendant: (a) extracted a so-called “Samper 44-10, located in the same 4:00 Gwangjin-gu Seoul Special Metropolitan City,” the victim B (the age of 52) who is a member of the native folks meeting and the victim was able to take a simplified test and talked on the road; (b) on the ground that the victim was able to take a bath, the Defendant took up the so-called “Samper” pole at a level of 1m in length, which is a dangerous object being sticked on a a simplified test, and took time off the victim’s left side.

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

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

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 62 (1) of the Criminal Act [Scope of Recommendation] Crimes of Type 6 (Habitual Offense, Cumulative Offense, Special Violence) (Special Mitigation) (Article 62 (1) of the Criminal Act). The scope of mitigation (Article 62 (1) of the Criminal Act [Article 62 (1) of the Act on the Suspension of Execution] is many previous crimes of violence, but it is against the law,