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(영문) 서울동부지방법원 2014.10.15 2014고단2747
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

At around 00:10 on August 18, 2014, the Defendant, a taxi operated by the victim C (Nam and 40 years of age) in the vicinity of the funeral distance in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and arrived at the home of the Defendant in Seoul Special Metropolitan City-gu D.

The Defendant, who received a demand from a victim who was less than 100 won of taxi charges, brought about approximately 20cc of the knife length of the knife and used the knife for a main knife and one hand, which is a dangerous object that he was in possession of at least 100 won of the knife, and assaulted the victim's face one time by another.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of existing Acts and subordinate statutes of knife knife (No. 1);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [Scope of Recommendation] Taking into account the following factors: Type 6 (Habitual Offense, Habitual Offense, Habitual Assault, Special Violence) (Article 6-10) and the basic area (Article 48(1)1 (Article 48-1) of the Criminal Act (Article 6

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