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(영문) 서울중앙지방법원 2014.05.16 2014고단1698
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

Defendants shall be punished by imprisonment for one year.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

C around 00:45 on February 12, 2014, around the main point of “E” located in Seocho-gu Seoul Metropolitan Government D, the victim F(26 years of age) and the victim’s face and body were shakingd by booming the victim’s face and body. The defendant A collected each item (110cm X6.5cm) which is a dangerous object in the vicinity, and collected the victim’s head twice, and the defendant B tried to take the victim’s face and body back with drinking and flapsing, and to collect the victim’s face and body by flapsing it into drinking and flapsing, and assaulting the dangerous object.

As a result, the Defendants assaulted the victim by carrying dangerous objects jointly.

Summary of Evidence

1. Defendant's legal statement;

1. Partial suspect examination protocol of Defendant A by the prosecution;

1. Some of the police suspect interrogation protocol against the Defendants

1. Police suspect interrogation protocol regarding F;

1. Each police statement of G and H;

1. Stop photographs and lids from sewage;

1. On-site reports on violence incidents;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Record 39, 99, 153, 156);

1. The Defendants of relevant criminal facts: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Articles 260 (1) and 30 of the Criminal Act (the act of assaulting carrying dangerous objects);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence of Article 62(1) of the Criminal Act is the case where the mitigation area (4-1-2 months), mitigation area (4-1-2 months), mitigation area (including special mitigation), mitigation of punishment (including serious efforts to recover damage) or considerable partial damage (decision of sentence] is against the defendants, and the victim does not want punishment. It is so decided as per Disposition for the above reasons.

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