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(영문) 서울북부지방법원 2014.01.27 2013고단3033
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

While the Defendant was living in Dongdaemun-gu, Seoul, 103 Dong 802 (C apartment), the Defendant experienced inconvenience due to the Plaintiff’s 902 residence of the victim D (44 years of age) who was the immediate upper floor of the city, 902.

On November 23, 2013, at around 23:05, the Defendant entered the transition (blade length: 12 cm) which is a dangerous object in the state of drinking, into the back part of the back parter, and found the above 902 in order to respond to the issue of noise between floors, and entered the elevator into the first floor with the victim.

Therefore, in front of the 103-dong 103-dong 1st century, the Defendant carried a dangerous object, such as the victim's scam at one time, the victim's scam, and the victim's scam.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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 on the stay of execution (Voluntary Confession and Death not to punish victims);

1. Grounds for the aggravation of sentencing in Article 62-2 of the Criminal Act: The severity of a crime that assaults neighbors by citing a deadly weapon on the grounds of inter-floor noise is not very good. Considering circumstances: Confession and the victim’s intention not to punish him/her. The former sentence: Imprisonment with prison labor for eight months, a suspended sentence of two years: imprisonment with prison labor for six months, a suspended sentence of two years, and a community service for 80 hours;

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