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(영문) 서울중앙지방법원 2013.08.22 2013고단3994

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

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

At around 02:00 on May 13, 2013, the Defendant collected the victim’s illness, which is a dangerous object on the victim’s left side knife at the main point of Jongno-gu Seoul Metropolitan Government “D”, and assaulted the victim’s head at one time by gathering the victim’s head.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to E heading photographs;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] Habitual, repeated crimes, special assault [Special Convicted Persons] mitigated elements: Imprisonment with prison labor for not more than April to one year (the scope of recommending punishment] / [Determination of sentence] A majority of criminal offenders of the defendant, and the punishment for the crime is minor because the several methods of crimes are heavy, but the victim does not want the punishment against the defendant; the defendant does not have any criminal records of suspended execution or more during the last ten years; the defendant's age, character and behavior, family environment, motive and circumstance of the crime of this case; and the circumstances after the crime, etc., shall be determined as identical to the disposition of this case, taking into account all the sentencing conditions specified in the arguments.