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(영문) 서울북부지방법원 2014.10.17 2014고단988
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On February 19, 2014, the Defendant brought a public prosecution against the Defendant: (a) on February 21, 2014, at the Seongbuk-gu Seoul Metropolitan Government “D” restaurant, the Defendant: (b) while drinking with the victim E (the age of 51) who was in a dispute with the victim, the Defendant: (c) was trying to drink the victim; and (d) was able to cause any further drinking; (b) caused the defriser’s disease to be defrised; and (c) caused the defriser’s disease, which was in a dispute with the victim, the Defendant caused the defriser to the victim. However, according to evidence duly examined and adopted by this court, the Defendant sufficiently recognized the fact of intimidation with the victim, as stated in the facts charged, and found that there is no concern that the Defendant’s exercise of his/her right to defense would be modified ex officio, as the facts charged and the Defendant’s exercise of his/her right to defense.

The victim "saled" refers to "saled", and the victim was threatened with a shouldered salle, which is a dangerous object, such as flabing dub, etc. of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (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 (including the fact that an agreement has been made with the victim, the degree of intimidation, etc.);

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