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(영문) 서울중앙지방법원 2015.01.22 2014고단8054

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On May 23, 2013, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Central District Court (Seoul Central District Court), and was released on May 2, 2014 during the execution of the sentence, and the parole period expired on May 18, 2014.

(2) On October 12, 2014, the Defendant: (a) around 22:05, at the “E restaurant” located in Dongjak-gu Seoul Metropolitan Government, the victims moved to her female-friendly Gu, and (b) the victims came to the victim F by gathering a stop gate, which is a dangerous object on the customer’s seat, by taking the stop gate, which is a dangerous object on the customer’s seat; (c) was pushed to the victim G with the hand; and (d) was tight to the victims by gathering the disease, which is a dangerous object; and (d) was pushed to the victims, as the victims took the neck of the victim H, as the victims came to the left hand; and (d) took the kitchen, which is a dangerous object.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police officer against the defendant, I, G, H, and F;

1. Each photograph, CCTV image CD at the time of crime;

1. Report on investigation (on-site investigation and witness interview);

1. Previous convictions: Application of Acts and subordinate statutes to criminal records, investigation reports (related to repeated crimes), copies of written judgments, and current status of personal identification and confinement;

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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

1. The scope of recommended sentences according to the sentencing guidelines (the determination of types) violence (the scope of recommendations) (the scope of six types) and special assault (the scope of recommendations) shall be punished by imprisonment for six months to one year (the basic area);

2. The defendant and his defense counsel's assertion regarding six months of imprisonment with prison labor for the sentence (including the fact that deposits have been made to the victim and the period of repeated crime) and defense counsel.