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(영문) 서울북부지방법원 2015.09.10 2015고단2406
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:00 on June 18, 2015, the Defendant, while enjoying in front of the building located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, the Defendant took one time the head part of the victim’s head, stating, “I will see whether I am fright or not,” while she was aware that she would cut off in a locking with his/her body, or that another person, other than she was trying to steals the Defendant’s object together with the victim D, and at the same time, he/she was aware that she would have stolen the Defendant’s object.”

Accordingly, the defendant assaulted the victim by a hack pipe, which is a dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police record regarding D;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

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. The grounds for sentencing under Article 62 (1) of the Criminal Act suspended sentence: The recommendation and sentence for special violence committed against 6.03 Violence: The basic area of sentencing between 6.6 months and 1.10 months - the serious reflectiveness (general principle of suspended sentence);

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