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(영문) 서울중앙지방법원 2013.08.13 2013고단429
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in painting business.

On January 3, 2013, around 11:30 on January 3, 2013, the Defendant: (a) threatened the victim’s head, who was in charge of the above store, with the fact that the Defendant did not pay the price for the above store juice construction in the D' 1st floor E juice store located in Jung-gu Seoul, Jung-gu, Seoul; and (b) threatened the victim’s head, who was in charge of the above store, with the knife knife, which was a deadly weapon, prepared under the F(49) item.

Accordingly, the defendant, carrying a deadly weapon, assaults the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. CCTV video CDs;

1. Application of Acts and subordinate statutes to investigation reports (CCTV video verification);

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, 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;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] Violence: Habitual, repeated crime, special assault [Determination of the recommended area] Basic Field [The scope of recommendations] 6 months to 10 months / [the scope of punishment ] - reflective elements of mitigation - applicable provisions of applicable Acts / statutory punishment for aggravated factors : From 1 year to 2(1) 1 of the breadth Act: The statutory punishment of statutory punishment: One year to 30 years : (1) year to 30 years of statutory punishment; where a person committed a crime by force of a negative organization or multiple groups or by carrying a deadly weapon or other dangerous articles; where a person committed a crime by carrying a deadly weapon or other dangerous articles, there is no effort to recover damage from a planned crime; there is no criminal record over a positive half-year suspension period / [Attachment punishment and recommendation]; there is no prior agreement between six years to 10 years to 6 years to 16 years to 30 years; and no advance agreement has been made;

However, the defendant.

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