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(영문) 서울남부지방법원 2015.07.22 2015고단1608
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On May 1, 2015, the Defendant: (a) around 21:00, at the “Ep” operated by D in Guro-gu Seoul Metropolitan Government, Guro-gu and the second floor; (b) as a result of the foregoing D’s male-friendly sexual traffic victim F (29 years of age) and the drinking value, the Defendant purchased two kitchens (31cm in length, 20cm in length, 10cm in length, 20cm in the front and near the front of the said head house) from the mutual infashing point to purchase the kitchens from the said headn to put them into the kitchens, and then took a bath to the victim; and (c) then, the victim reported the victim to the police and went into the said building.

Since then, the defendant is located near the bus stops in the vicinity of the above house building. For tobacco fraud, the victim gets out of the above house building, and gets out of a kitchen knife with a kitchen knife in which the victim gets a kitchen knife, and knife the victim knife with the above kitchen knife, knife with the victim and G in the above site, and knife the victim knife into the floor, and immediately knife another kitchen knife with the left hand, and then knife the part of the victim knife with the above knife.

The defendant, carrying a deadly weapon, assaults the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the statement of the prosecution, witness, and witness regarding the F;

1. Protocol of each police statement concerning G;

1. Application of Acts and subordinate statutes on seizure records;

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 (The conditions favorable to the following reasons for sentencing):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Six months to ten months from the date of imprisonment on the sentencing guidelines (the group of violent crimes, assault crimes, six types (Habitual, repeated crimes, special assault), and the basic area of imprisonment);

2. In this case, the kitchen knife, which is a lethal weapon, has been prepared in two parts or more by reason of the minor decision of the sentence, and then has been displayed to the victim;

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