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(영문) 서울북부지방법원 2015.11.25 2014고단4155

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 5, 2014, at around 02:06, the Defendant: (a) reported that the victim E (the 19-year-old-old-year-old-old-year-old-old-gu (the 19-year-old-old-year-old-old-gu-gu-gu) was taking the face of F, i.e., the victim’s face, and (b) responded to the victim for the reason that the victim was satisfying, “Isat, Isat, Isat, Isat, Isat, Isat, Isat, Isat, Isat, Isat, Isat, Isat, Isat, Isat, Is the victim’s right shouldered one time with his hand; (c) the victim’s back 10 C-year-old-year-old-old-in-out-out-out-out-out-out-take-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out).

Summary of Evidence

1. Partial statement of the defendant;

1. A witness G, F’s legal statement, and witness H’s partial statement in court;

1. Examination protocol of the accused by prosecution;

1. Application of each item, investigation report (report on the place of occurrence of a case) used by a suspect for violence Acts and subordinate statutes;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence of Article 62(1) of the Criminal Act refers to the case where the victim is fully responsible for the occurrence of a crime or the expansion of damage (a person subject to special mitigation in April to December): the applicable sentencing range and the recommended sentencing range: April 1st and February (a decision of a sentence] was made by a third party to the police to the extent that the victim reports the crime to the police; although the defendant has displayed each item to the direction of the victim, it does not seem that the defendant has shown good before the commencement of the crime of this case; the defendant has committed violence power three times, and there is a power that the defendant has been subject to a disposition that is not subject to prosecution due to the crime of assault, and an agreement between the victim and the victim.