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(영문) 서울남부지방법원 2013.06.19 2013고단1487
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 22, 2013, the Defendant saw D (the age of 48) drinking alcohol in the next place at Cjus located in Guro-gu Seoul Metropolitan City as “Isday?” to E, the above main point, “Isday??” The Defendant saw D’s food blade (the total length: 31cm, 19cm:0cm) as a deadly weapon in his house located at a level of 70 meters away from that place, and accessed it as his hand to approximately 1m from the victim and displayed it to the victim.

Accordingly, the defendant carried a knife, which is a deadly weapon, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. The list of seizure and the protocol of seizure;

1. Application of Acts and subordinate statutes concerning blades 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. Mitigation of discretionary punishment under Articles 53 and 55 (1) 3 of the Criminal Act (excluding the cases where there exists no serious criminal record except for the punishment imposed three times by a fine, and the case where an agreement is reached smoothly with the victim);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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