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(영문) 서울북부지방법원 2015.07.24 2015고단637
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to one year of imprisonment with prison labor for the crime of obstruction of performance of official duties at the Seoul Northern District Court on August 12, 2014, and the said judgment became final and conclusive on August 20, 2014, and is currently under suspension of execution.

【Criminal Facts】

On February 3, 2015, the Defendant: (a) around 20:50 on February 3, 2015, the Defendant: (b) at D’s house located in the Gyeonggi-si, a woman-friendly job offer E and the victim F (35 years of age) divided the conversation with E; (c) the victim was able to see the victim’s face by taking the victim’s head one time by gathering a small-scale illness, which is a dangerous object that had been placed on the floor in his/her hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. On-site photographs;

1. Previous convictions: Application of criminal records and investigation reports (applicable to cases during the period of suspension of execution of sentence) and statutes;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act [the scope of recommending punishment] [the grounds for sentencing under Articles 55(1)3 of the Criminal Act [the scope of recommending punishment] [the case where a person subject to special mitigation] also has a considerable responsibility for the occurrence of crimes or the expansion of damage to the victim [Adjustment of recommended punishment taking into account the scope of applicable punishment] six months to one year and two months (the case where a recommendation sentence falls short of the minimum limit of applicable punishment] (the decision of applicable punishment is inevitable for the defendant during the suspension of execution period] (the decision of sentencing is made] Where the sentence is inevitable for the defendant to be considered, the fact that there are reasons for considering the motive for the crime, that the defendant deposited 50,000 won for the victim, that the defendant deposited 50,000 won for the victim, the defendant's health status, living relationship, the victim's intent to punish him/her, etc., shall be determined

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