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(영문) 서울동부지방법원 2015.04.02 2015고단181

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 November 5, 2014, at around 11:30, the Defendant: (a) opened the front door of the Defendant’s residence in Seongdong-gu Seoul Metropolitan Government C Apartment 105 Dong-gu 1302, and (b) opened several doors in order for the enforcement of seizure on the corporeal movables in the Defendant’s residence; (c) opened the door to the Seoul Eastern District Court enforcement officer D to seize the corporeal movables in the Defendant’s residence; (d) opened several doors, but the Defendant did not open the door to the victim E (the age of 42) who opened the front door of the Defendant’s residence and opened the front door of the Defendant’s residence by forcing the victim to open the front door of the Defendant’s residence by using the opening door; (d) opened the door door and opened the victim’s head and body by golf practice, which is a dangerous object, and opened the victim’s body for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering the following circumstances: (a) there is no objective evidence to reject the assertion that the defendant's assertion that the defendant had reached the crime of this case by misunderstanding the victim as a embankment; (b) there is no record of criminal punishment for the same kind of crime since 1986; and (c) there is a deposit of KRW 2,00,000 in the trial for the victim;

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