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(영문) 서울남부지방법원 2014.08.18 2014고단2582
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six 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

On July 9, 2014, at around 09:30 on July 9, 2014, the Defendant committed assault, such as, on the ground that, in the third floor of Gangseo-gu Seoul Metropolitan Government, the victim D(the age of 45) and neighboring residents, the Defendant was able to deal with the traffic accidents of the victim's D(the age of 45) and neighboring residents, “I can deal with the traffic accidents,” the Defendant was able to use the victim's knife at one time, the victim's knife at one time, and the kitchen, which is a deadly weapon in the kitchen, and attempted to brue the victim's side and part.”

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Although the nature of the crime in this case is inferior in light of the fact that the sentencing reason of Article 62(1) of the Criminal Act (hereinafter referred to as "the sentencing reason") uses a knife that may inflict harm on the life and body of a person in the instant crime, it shall be sentenced as ordered in consideration of all the sentencing conditions, including the fact that the defendant recognized his/her mistake, the fact that the victim expressed his/her intention not to punish the defendant, the fact that there was no record of punishment, and the fact that there was no history of punishment, and all of the sentencing conditions

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