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(영문) 서울북부지방법원 2016.10.06 2015고단1181
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not more than ten 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

On March 9, 2015, around 03:39, the Defendant, at the same time as Nowon-gu in Seoul Special Metropolitan City, brought a dispute between C and C, which are based on the fact that he was the same with the female-child district of the victim C(21 years of age) in front of the withdrawal No. 4 of 1074, 1074.

The defendant, who is a dangerous object in the defendant's car, has an Akle per head of Akle and C, sold once and got C to fit for knee per kne.

In addition, the Defendant reported that the Defendant was faced with C as above, and the part of the victim D (22 years old) who was a driving of C, was at the price once as an empty bottle, which is a dangerous object that was far away from the left part of C (22 years old).

Accordingly, the defendant committed violence to victims by carrying dangerous articles.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Statement of each police statement of C and E;

1. Application of Acts and subordinate statutes governing criminal implements photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Criteria for sentencing grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

(a) The basic area (six months to one year), which is the basic area (six months) of the crimes of assault against victims C;

B. The scope of the final sentence due to the aggravation of multiple offenders in the basic area (from June to January 1) of the crimes of assault against victim D (the scope of recommendations) (the basic area of habitual, repeated, and special assault): The sentence specified below the sentence for six months to two years, and the sentence specified below the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crimes, etc. shall be determined by comprehensively taking into account the following circumstances: the sentencing conditions specified in the records, such as the defendant's age, occupation, personality,

- The defendant's act is dangerous to the extent that it does not have been used by the victims - The defendant's act has no criminal records of violence except for those who have been punished twice by a fine due to the recognition of and reflect on the crime, or the

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