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(영문) 서울북부지방법원 2011.08.05 2011고단1257
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:20 on May 23, 201, the Defendant ordered 'E' operated by the victim D (the age of 55) located in Nowon-gu Seoul Special Metropolitan City, Nowon-gu, to make a presentation and requested 'E' to pay the price in advance from the victim, and made a assault by 'E' on one occasion with the head of the victim who is a dangerous object.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the degree of damage is somewhat minor, the primary crime is the primary crime, and the victim deposits KRW 700,00 to deposit money, etc.).

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for discretionary mitigation)

1. The defendant asserts that there was no fact that the defendant had the victim's head as a beer's disease in determining the defendant's argument regarding Article 62-2 of the Social Service Order Criminal Act.

From the investigative agency to this court, the victim D had a head from the investigative agency to "the defendant was able to take a bath for the victim and her to her from the beer's disease."

In full view of the fact that “the defendant has consistently and specifically stated the victim’s head head part” and the photograph taken by the victim’s head part at the time, it conforms to the victim’s statement, and the defendant also stated in the investigative agency to the effect that “the situation at the time of drunk is not well memory” is recognized. In full view of the fact that the defendant’s head part is the beer of the victim’s head part.

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