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(영문) 서울중앙지방법원 2013.05.10 2013고단403
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 10:00 on December 5, 2012, the Defendant, at the head office of Seocho-gu Seoul Metropolitan Government, driven the above cargo to enter the head office of the Hyundai Motor (main office) by driving the said cargo on the ground that the starting time of the D 1 ton of Poter freight purchased by the Defendant would visit the said cargo, and went beyond the shoulder of the victim E (the South, the age of 28) who is a security personnel to prevent it.

Accordingly, the defendant, carrying a deadly weapon or other dangerous object, and assaulted the victim.

Summary of Evidence

1. Statement of the police statement of E;

1. A written statement;

1. One investigation report on the field of the assault case, one investigation report (to the upper part of the victim's wife), and photographs of the upper part of the body;

1. Application of CCTV-recording CD-related Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning a crime, Article 260 (1) of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant temporarily stops his/her vehicle and does not cause substantial bodily harm to the victim by causing substantial bodily harm to the victim, and that there are grounds for special consideration in the motive for the crime);

1. Suspension of execution under Article 62(1) of the Criminal Act causes any risk that may result in a very serious situation by driving a vehicle that has the reason for the suspension of execution of one year in six months of imprisonment with prison labor and 15 years of imprisonment with prison labor (limited to six months of imprisonment with prison labor) (limited to four months of imprisonment with prison labor for the sentencing guidelines) and one year and 2 months (limited to four months of imprisonment with prison labor for the sentencing of 15 years (limited to the sentencing of 15 months of imprisonment with prison labor and areas: (a) the mitigated area of imprisonment with prison labor for the crime of violence: (b) the crime of violence: (c) the person who has do so; and (b) the person who has committed do so; and (c) the person who has no criminal record above the suspension of execution, among crimes of violence; (d) the person who has the reason for the suspension of execution of one year in six months of imprisonment with prison labor and attempted to enter the company.

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