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(영문) 서울동부지방법원 2015.08.12 2014고단3791
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 became final and conclusive.

Reasons

Punishment of the crime

On May 17, 2014, at the front of the D convenience point in Gangdong-gu Seoul Metropolitan Government around 19:10 on May 17, 2014, the Defendant collected an empty baby, which was a dangerous object with a bad hand, from the victim E (20 years of age) who was coming from the convenience point, and assaulted the victim by gathering an empty baby, which was a dangerous object with a bad hand, one time the left part of the victim's eye, taking the head of the victim's hair with his left hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. An interrogation protocol of F by prosecution;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014) on the crime

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The basic area (6-1-10 months) of the crimes of assault (6-6-6 months and 1-10 months) (decision of sentence] of the basic area (6-6-1 year and 10 months), the degree of assault is not much serious, and the defendant is only one previous offense of a fine, etc.

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