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(영문) 수원지방법원 성남지원 2015.09.24 2015고단1553

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for one year.

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

On July 19, 2015, at around 22:40, the Defendant, in a restaurant located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City on July 19, 2015, had a knife knife (the total length of 30 cm, 17 cm) that is a dangerous object in which the victim had a knife with knife with knife with knife with knife knife knife knife knife knife knife knife.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of seized articles, photographs and damaged Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act for forfeiture [Scope of Recommendation] The consideration of the crime of assaulting Article 48 (1) 6 (Habitual Offense, Habitual Offense, Special Violence) where mitigation area (4-1-2 months), mitigation area (special mitigation area), exemption from punishment (including efforts to recover damage), or considerable damage has been restored (decision of sentence] reflectivity, no previous conviction except for punishment of a fine for sexual traffic, the victim does not have any criminal record other than punishment once a fine related to sexual traffic, and the victim does not have the criminal punishment under an agreement with the victim