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(영문) 서울중앙지방법원 2013.09.27 2013고단175
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 28, 2012, at around 05:40 on July 28, 2012, the Defendant, at the residence of the Defendant located in Gangnam-gu Seoul Building 330, and on the ground that the Defendant, who leased said 330, did not leave the house without paying monthly rent, used the kitchen knife (the total length: 30cm, the knife length: 18cm) which was a deadly weapon in the state of the State of the State of the State of the Republic of Korea, and used the kitchen knife and the deadly weapons, and used them to commit violence to the victims, with the victim E, F, and with the deadly weapons.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Entry of each statement of the police suspect interrogation protocol in F and E;

1. Images of blades;

1. Application of video Acts and subordinate statutes to 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. In order to establish self-defense under Article 21 of the Criminal Act as to the assertion of self-defense, etc. under Article 62(1) of the Act on Suspension of Execution (see, e.g., circumstances favorable to the reasons for sentencing below), the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type and degree of legal interests infringed by the act of infringement, the method of infringement, the kind and degree of legal interests infringed by the act of defense,

(2) In light of the above legal principles, the defendant's act of committing the crime of this case constitutes a violation of the current situation against the victim, considering the following circumstances: (a) the victims recognized by the evidence mentioned above are the means and degree of harm inflicted on the defendant; (b) the means and method of the defendant's act compared to them; (c) the result of the defendant's act; and (d) the situation at the time of the defendant's act of committing the crime of this case.

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