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(영문) 서울남부지방법원 2014.04.24 2014고단240
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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 January 6, 2014, at around 05:40, the Defendant stopped a taxi and waited in the vicinity of Yeongdeungpo-gu Seoul Metropolitan Government 134 large-scale 12-gu Ga basin to get customers on board, and was demanded by the victim C (the age of 42) who is a street cleaners to “a request to move a taxi to be cleaned,” and then is going into the atmosphere in front of the crosswalk, and again, the Defendant is waiting in front of the crosswalk. The victim is driving the taxi, which is a dangerous object to move the Do-si Do-si Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong 134 Do-dong 12 Do-dong Do-dong Do-dong 134 Do-dong Do-dong 12 Do-dong Do-dong Do-dong Do-dong Do

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on black stuffs and video CDs;

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. Selection of imprisonment with prison labor for a crime of elective assault;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the confession of a crime and the misunderstanding of a mistake, and the fact that a full agreement has been reached with the victim);

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes. Article 50 (Aggravation of the punishment provided for in the Punishment of Violences, etc. Act heavier than that prescribed by the said Act, but within the scope

1. Article 62 (1) of the Criminal Act on the stay of execution;

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