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(영문) 서울중앙지방법원 2014.12.18 2014고단8047
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 August 23, 2014, at around 2:00, the Defendant 2:0 assaulted the victim’s face on the ground that the drinking atmosphere does not come to mar, while drinking alcohol together with the victim D, within the main point of C located in Gangnam-gu Seoul, Seoul Underground 1st century, on the ground that the drinking atmosphere does not come to mar.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs damaged;

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;

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

3. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending sentence] 6 months to 1 year 10 months (basic area] of the suspended sentence - Defendant’s confession of a crime, the fact that there is no criminal record, and the Defendant’s age, environment, background, details of the instant crime, circumstances after the commission of the crime, etc. are considered, and the sentencing conditions as set forth in Article 51 of the Criminal Act are considered.

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