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(영문) 서울남부지방법원 2014.09.18 2014고단2698
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a “sports Seoul” newspaper delivery service provider.

On June 18, 2014, at around 07:05, the Defendant: (a) 07:05, on the street of Gangseo-gu Seoul Metropolitan Government, was parked on the street in front of 344-7, where he was parked, and (b) saw the victim C (53 years of age) who is the driver; (c) the Defendant was taking a desire to take the victim C (53 years of age). The Defendant continued to take the victim’s side fright behind the victim, who was driven by the victim, and fright the victim’s chest by drinking, and continued to take the victim’s head at one time.

As a result, the defendant carried dangerous things and carried them with the victim who could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] Where the mitigated area (1 year and six months to six months), the mitigated area (1 year and six months), the penal penalty (including serious efforts to recover damage), or considerable damage has been recovered (2 years to be sentenced] (1 year and six months of imprisonment, 2 years of suspension of execution, 80 hours of the community service order (20 hours of imprisonment with labor for the same crime; 3.0 hours of imprisonment with labor for the same crime; 4.0 hours (2 hours of imprisonment with labor for the same crime; 3.0 hours of the crime committed; 4.0 hours of the crime committed; 4.0 hours of the crime committed; 4.0 times of the victim’s failure to punish the defendant; 3.0 times of the occurrence of the crime)

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