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(영문) 서울동부지방법원 2014.06.25 2014고단1356
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 December 12, 2013, the Defendant: (a) around 18:00 on December 12, 2013, at C restaurants located in Gwangjin-gu Seoul Special Metropolitan City, when the victim D (the age of 32) did not enter one’s own part in online games; (b) caused the victim’s head two times by a small-scale illness, which is a dangerous object on his customer.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (decision of types) for the crime of assault (decision of types) [Special Violence] - In the case of minor degree of assault of mitigation elements / [decision of the recommended area] mitigation area / [decision of the recommended area / [decision of the sentence] half of April to one year and two months / [decision of the sentence] half of the mitigated area / one year and two months / agreement with the victim, the same kind of criminal record and there are no criminal records of the suspension of execution or more.

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