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(영문) 서울중앙지방법원 2015.04.23 2015고단1156

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On December 29, 2014, at around 12:10 on December 29, 2014, the victims met at the “E” coffee shop in Gangnam-gu Seoul, Seoul, and the Defendant did not have good appraisal of the victims due to the debt problem.

On December 29, 2014, at the above coffee shop smoking room around 12:10 on December 29, 2014, the Defendant: (a) took a bath to the Victim F (55 years of age); (b) took a bath to the victim F; (c) took the face of the victim F with the hand floor; (d) taken the victim F with a tree, which is a dangerous object; and (e) taken the water f of the victim F, which is a dangerous object in which the victim F, was located.

The defendant continued to have a tree-related person, who is a dangerous object, entered a smoking room again, was gathered to the victim G (54 years old), and tried to remove the victim's face and body body from the floor of the hand and the launching, and to remove iron fire extinguishers, which is a dangerous object in the smoking room, to the victim G.

Accordingly, the defendant carried dangerous articles and assaulted each victims.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of H, G, and F;

1. Application of CCTV closure photographs and statutes on site 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act: The scope of the final sentence according to the aggravated multiple of the basic area (six months to one year), which is the basic area (six months to one year), and the basic area (one year to ten months) of the crimes of assault (the scope of a recommendation) of Type 6 (Habitual, Cumulative, Habitual, and Special Violence) (six months to one year), and the scope of the final sentence according to the aggravated multiple crimes: 6 months to September.