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(영문) 서울남부지방법원 2015.11.25 2015고단3765

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 16, 2015, at around 20:32, the mother of the victim C (the 42-year-old) in Geumcheon-gu Seoul Metropolitan Government, the Defendant threatened the victim with the parking path of D, which is a dangerous object in advance (the 27cm in total length, 12cm in length of the day), that is, dangerous object in advance, the victim was killed, and assaulted the victim's face one time as drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of C and E;

1. Photographs of damaged part of the victim;

1. Application of the Gampis statutes;

1. Relevant Article 261 of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is a parking problem, resulting in a contingent crime, and the degree of violence is relatively minor, the defendant is recognized as a mistake, and the victim does not want the punishment of the defendant, and the defendant has no specific history of punishment in Korea, etc. shall be determined as ordered in consideration of the fact that the defendant has no specific history of punishment in Korea.