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(영문) 서울서부지방법원 2013.05.23 2013고단846

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

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A defendant shall be punished by imprisonment for 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

1. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행) 피고인은 2013. 4. 2. 22:50경 서울 마포구 C에 있는 피고인의 집 앞 골목길에서 피해자 D(16세)과 피해자 E(16세)이 시끄럽게 떠든다는 이유로 화가 나 평소 집에서 보관하던 흉기인 회칼 두 자루(칼날길이 각 21, 24cm, 전체길이 각 34, 36cm)를 흰 종이 감싼 상태로 왼손에 든 뒤 위 D의 멱살을 오른손으로 잡아당기고, 이를 제지하는 위 E의 배를 2회 걷어찼다.

Accordingly, the defendant committed violence to victims by carrying a deadly weapon.

2. During the above time and place, the Defendant: (a) destroyed the victim E’s ggal lusium 300,000 won of the market value of the victim’s possession by taking out gal lusium 2 smartphones in order to report 112 to the police; (b) destroyed the victim’s lusium by cutting off the victim’s gal lusium, and by cutting down the victim’s lusium, it was unfolded solely on the ground floor by gathering it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of D or E;

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 260 (1) and 366 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. Discretionary mitigation (the following grounds for sentencing) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (the grounds for sentencing as follows)

1. The sentencing of the crime of assault, such as deadly weapons, etc. for the reason of sentencing under Article 48(1)1 of the Criminal Act, is as follows:

[Determination of Punishment] Violence (Special Violence) / [Recommendation Scope] 6 months to 10 years (Basic Area] / Decision of Sentence / Defendant’s knife and assaulted victims should be considered to be more serious crimes.

However, there is a reason that the defendant has committed a crime in his judgment, and there is a reason to consider the motive of the crime.