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(영문) 서울서부지방법원 2014.12.10 2014고단2469
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Violence, etc. Act (collective assault, etc.) committed violence with the victim by carrying dangerous things by cutting down the parts of the victim’s neck on the part of the victim’s neck and cutting down the victim’s neck beyond the b402 floor of Eunpyeong-gu Seoul on January 2014, on the ground that the victim C (the victim, the wife, the age of 52), who was the wife of the Defendant, went back to the sexual party late and returned to the sexual party at latest.

2. Around September 2, 2014, the Defendant damaged the property by hiding the victim’s assault at the same place, which was cited by the victim, in order to prevent the Defendant from filing a report on the Defendant’s assault with the police. The Defendant, who was jointly owned by the Defendant and the victim, was 1,20,000 won of the market price as 1.20,00 won of the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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., Article 260 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Rejection of public prosecution under Article 62 (1) of the Criminal Act (including the fact that agreement has been reached with the victim);

1. The summary of the facts charged: (a) on September 2, 2014, at the place indicated in the judgment around 21:00, the Defendant assaulted the victim, i.e., “I see that I have come together with his will; (b) I see the horses without any contact, I see see, and she sees the horses, and she sees the victim’s head debt, she flicks the victim’s hand on his/her hand, and her hand.

2. The determination is an offense falling under Article 260(1) of the Criminal Code, which is expressed by the injured party in accordance with paragraph 3 of the same Article.

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