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(영문) 서울북부지방법원 2015.08.12 2015고단1739
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On May 17, 2015, at around 18:45, the Defendant received a demand from the victim of C (Nam, 52 years of age) in front of Dhop dhop, which was operated by the victim C (V) located in C, Jung-gu Seoul, Seoul, to take a step back to the victim for the cleaning of the self-market.

The Defendant spathed the victim’s galm, spathing food, and spathing down the victim’s hack pipe, which is a dangerous object that was in the side, with approximately 90cm in length.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol to C

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. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommending punishment] When the mitigation area (including persons who have been specially mitigated), the mitigation area (including efforts to recover damage) (4-1-1-2) (excluding those who have been committed for special mitigation), or considerable damage is recovered, the scope of sentencing and the scope of sentencing comparison between the sentencing and the recommended punishment: June-1-2 [6-1-2] of 6-6 months, the defendant has a large amount of violent power and has strong violent inclinations, and the crime of this case is not different, and the crime of this case also is not different, and it is necessary to punish the defendant against the defendant, taking into account the fact that the crime of this case is bad enough to display the back pipe to the victim.

However, the sentencing conditions specified in the argument of this case, such as the defendant's age, character, conduct and environment, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of the fact that the defendant is against the defendant's awareness of the crime of this case, the fact that the defendant agreed smoothly with the victim during the investigation process, and other conditions of sentencing as indicated in the argument

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