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(영문) 춘천지방법원 속초지원 2015.08.19 2015고단218
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 of the final judgment.

Reasons

Punishment of the crime

On November 23, 2013, at around 22:15, the Defendant, while drinking alcohol in a 'D restaurant' located in Gangseo-gu Seoul Metropolitan Government, sold the victim' face by drinking alcohol, etc., and sold the victim's head one time as a small-scale disease, which is a dangerous object on the table.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 of the Social Service Order [Scope of Recommendation] Crimes of Type 6 (Habitual Cumulative Offense, Habitual Assault and Special Violence) [Special Mitigation] Punishment and Non-Punishment (Pronouncement Decision] [Pronouncement Decision] Imprisonment, 8 months of suspended sentence, 2 years of suspended sentence, and circumstances unfavorable to 120 hours in community service: The fact that an agreement is made with the victim, confession and reflects, and that no criminal punishment has been committed after 209;

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