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(영문) 서울동부지방법원 2014.05.15 2014고단544
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

Defendant

A Imprisonment with prison labor for six months, and for one year and six months, respectively.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. On March 8, 2014, Defendant A around 20:05, at the E main point located in Gangdong-gu Seoul Metropolitan Government, when the victim B (the victim B (the age of 64) who f4) was aware of drinking while drinking alcohol at home without any defect in the victim B (the age of 64) who carried a satisfy and carried a satisfy, was at the time of five times the victim’s face.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant, at the time, at the same time, and at the same place as in paragraph (1), as mentioned above, brought the victim A (65 years of age) and trial expenses, and brought the victim’s head one-time with a brick, which is a dangerous object near the victim, one time, with the head of the victim’s head.

Accordingly, the defendant carried dangerous objects and carried them, thereby making it impossible to identify the treatment period for the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Investigation report (to listen to shots' telephone statements);

1. Application of stick, brick photograph, suspect A photograph, suspect B-related Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act against the crime committed by Defendant A, Article 260 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. by Defendant B, Article 257 (1) of the Criminal Act

1. Articles 53 and 55(1)3 of the Criminal Act of the Defendants with discretionary mitigation

1. Defendant A of the grounds for sentencing under Article 62(1) of the Criminal Act against the suspended Defendants

1. Scope of the sentence recommended by the sentencing guidelines (decision of type), violent crimes, assault (decision of the recommended area), mitigated area (decision of the recommended area), April to February 12;

2. The fact that there is no history of punishment exceeding a fine imposed by the defendant, that the victim B does not want the punishment of the defendant, that has occurred due to a minor speech or dispute between friendships, and Article 51 of the Criminal Act.

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