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(영문) 서울동부지방법원 2015.03.04 2014고단3910
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around November 13, 2014, the Defendant, in violation of the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) 08:30 on November 13, 2014, drinking alcohol at “Cjuk’s store” located in Gwangjin-gu Seoul Special Metropolitan City, and collected beer residues, which is a thing dangerous to the victim D (the age of 23).

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

2. The Defendant damaged the property by gathering beer residues on the table and at the time and place indicated in paragraph (1) that the employees, such as the above victims, were not in mind, and putting the beer residues on the table and breaking the pole in glass.

3. Around 08:40 on the same day as indicated in paragraph (1), the Defendant expressed a loud voice to “I am, Chewing, Chewing, and meat as a tax to be paid to the E-district of the Seoul Mine Police Station, which was called out after receiving a 112 report at the same place.”

Accordingly, the Defendant publicly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of F’s written Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 260 (1) of the Criminal Act, Article 366 of the Criminal Act and Articles 311 of the Criminal Act concerning the punishment of crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of recommending punishment] The consideration of the violation of the basic area (decision of sentence in June to January), the first crime, and the damage relatively minor, etc. of the type 6 (Habitual, Cumulative, and Special Violence)

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