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(영문) 서울북부지방법원 2014.11.27 2014고단3375
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

around 03:30 on July 11, 2014, the Defendant used the victim’s body to 10 times in front of the entrance 200 Cheongyang Station No. 4 in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, on the ground that the victim B(the age of 62) went against the Defendant, the victim’s face was taken once a week on the back of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the 2014.

around 18:40 on September 19, 2014, the Defendant committed assault to the victim E (the age of 55) on the ground that he took a bath on the front side of the “D” located in Dongdaemun-gu Seoul Metropolitan Government (the age of 55).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. An investigation report (to listen to a statement by a shot person);

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 260 (1) of the Criminal Act (the point of assaulting carrying dangerous objects), and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment) of the Criminal Act;

1. The contents of the instant crime committed by the Defendant for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the confession and reflect of the Defendant, and the victim B’s punishment is not imposed) of the Act on Discretionary Mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) are more likely to be subject to criticism in that the Defendant committed the instant crime even though he had a record of suspended sentence in 2012

However, until before 2011, the defendant had lived faithfully without any particular criminal record, the victim B does not want the punishment of the defendant among the victims of this case, and the circumstances, attitudes, and after the crime of this case.

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