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(영문) 서울남부지방법원 2013.04.24 2013고단851
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 of the final judgment.

Reasons

Punishment of the crime

On March 3, 2013, at the front of Yeongdeungpo-gu Seoul Metropolitan Government, around 00:55, the Defendant used the victim's head at hand and assaulted the victim's face by making it possible for the victim D (the victim D (the victim of C) who is a child of C (the victim of C) who was congested with the Defendant to object to the above teaching system (the word "definite", the length of 66cc) to dismiss the victim as a dangerous object (the victim's head at hand).

Summary of Evidence

1. A protocol concerning suspect examination of D;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Social service order under Article 62-2 of the Criminal Act;

1. The punishment identical to the disposition shall be determined by comprehensively taking into account the circumstances leading up to the instant crime, the relationship between the Defendant and the victim, the criminal record, etc., as well as the following: (a) the Defendant committed the instant crime by contingency and without any particular injury; (b) the Defendant committed the instant crime; and (c) the Defendant shall be sentenced to the same punishment in consideration

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