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(영문) 서울동부지방법원 2013.12.05 2013고단1382
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around May 16, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed assault against the victim E, who continuously avoided the removal of gas sprayers, which are dangerous objects in possession of the victim D on the ground that the victim D(the age of 43) and the victim E (the age of 49) who is an article for cutting off the gas sprayers, caused dust and vibration in front of Gwangjin-gu Seoul Special Metropolitan City, on the ground that the removal work was conducted by the victim D(the age of 43) and the victim E(the age of 49).

2. A person who uses gas sprayers violating the Control of Firearms, Swords, Explosives, etc. Act shall not use them for any purpose other than permitted purposes without justifiable grounds;

The Defendant used gas sprayers, which were possessed by obtaining permission for use on credit, for purposes other than permitted purposes, in the course of demanding the suspension of construction work from the victim D(43 years of age) and E(49 years of age).

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Each statement of D, E, F, G, and H;

1. Police seizure records;

1. Application of Acts and subordinate statutes to gas sprayers copies of permission or photographs of damaged parts;

1. Article applicable to criminal facts;

(a) The point of violence: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act;

(b) Use of gas sprayers for other purposes without justifiable grounds: Subparagraph 1 of Article 73 of the Control of Firearms, Swords, Explosives, etc. Act, and Article 17 (2) of the same Act

1. A punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (a punishment imposed on a violation of the Punishment of Violences, etc. Act, a violation of the Control of Firearms, Swords, Explosives, etc. Act, and a violation of the Punishment of Violences, etc. Act with heavier quality of the crime);

1. Selection of each sentence of imprisonment;

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

1. Discretionary mitigation;

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