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(영문) 서울남부지방법원 2014.09.18 2014고단2612
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

The defendant is a de facto marital relationship with the victim B (n, 29 years of age) and nine years of age living together.

On June 30, 2014, at around 20:0, the Defendant, at the Defendant’s residence located in Yeongdeungpo-gu Seoul Metropolitan Government on June 30, 2014, disputed the issue of the victim’s money with the victim, and broken the victim’s disease, putting the victim into a shoulderer’s disease, leading the victim to the victim, and assaulted the victim’s neck by hand.

In this respect, the defendant carried a shoulderer's disease, which is a dangerous thing, and assaults the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] There is no basic area (6 to 10 months) (6 to 6 months), basic area (6 to 10 months), [decision of sentence] In light of the method of crime and relation with victims, etc., the nature of the crime is not easy, but the fact that the defendant recognizes and reflects the crime, the fact that the victim does not want the punishment of the defendant, the fact that the defendant does not want the punishment, the fact that the defendant does not have any criminal power, and all other conditions of sentencing such as the defendant's age, character and conduct, environment, circumstances after the crime, etc. shall be determined as ordered within the scope of Recommendation

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