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(영문) 서울남부지방법원 2014.02.17 2014고단117
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around January 7, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) issued an additional order to be 1 disease of beer while drinking alcohol at the main point of “D” operated by the victim C (Inn, 53 years old) in the second underground floor of Geumcheon-gu Seoul, Geumcheon-gu, Seoul. However, the victim demanded that “if the business hours have expired, the amount of alcohol value should be calculated.”

Accordingly, the Defendant, while taking a bath in the knife, shaking the victim's head knife, and entering the kitchen with "knife knife knife" and knife the knife, knife the victim knife and knife knife the knife.

Accordingly, the defendant assaulted the victim while carrying beer disease, which is a dangerous thing.

2. Around 00:40 on January 7, 2014, the Defendant rendered a bath for about one hour to G during the process of having jurisdiction over the given police box, which was located in Geumcheon-gu Seoul, on the place where the said police box and several police officers were located: “I am fry, fry, fry, fry, fry, fry, fry, fyp., fyp., fyp., fyp., fyp, fyp, fyp, fyp, fyp, fyp, fyp, fyp, fyp.”

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and C;

1. On-site reports;

1. Application of the Acts and subordinate statutes to the complaint;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Articles 260 (1) and 311 of the Criminal Act (Selection of Imprisonment with prison labor);

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act among concurrent crimes. Article 50 (Aggravation of the punishment provided for in the Punishment of Violences, etc. that is heavier than the punishment, but within the scope of the sum of

1. The suspension of execution is based on the following reasons: Article 62(1) of the Criminal Act (i.e., the confession of a criminal act and the pening of a mistake in depth, the full agreement with the victim C is made with the victim, and there is no past record of a sentence sentenced for the same criminal act).

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