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(영문) 의정부지방법원 2014.04.25 2014고단169
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized Maberk (No. 1) shall be confiscated.

Reasons

Punishment of the crime

At around 18:20 on December 15, 2013, the Defendant: (a) 18:20 on December 15, 2013, the victim E (the 22-year-old age) who was an employee of D prior to Dongducheon-si C, was able to take one time a part of the victim E’s left side of E, where the victim E was able to take a dangerous object due to disregarding himself/herself; (b) the victim E, who was an employee of D, was able to take a part of the victim E, and (c) the victim E, who was an employee of D, was able to take a knife and not to take a knife his/her knife, and knife his/her knife and knife his/her knife, and knife the victim F’s knife.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes governing seized articles;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 260 (1) of the Criminal Act;

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

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

1. Scope of sentencing on the grounds of sentencing under Article 48(1) of the Criminal Act: The final sentence scope recommended by sentencing guidelines from June to October 15 shall not be [type of crime] violent crimes, special assault [special imprisonment]: None of the mitigated factors: [the scope of recommending punishment] fundamental area (from June to October 1): Aggravating the general sentencing guidelines: A defendant who has no planned mitigation factor: a defendant who has been sentenced to no planned mitigation factor: a defendant was sentenced by the Government District Court of the Republic of Korea on August 17, 2012 by committing a crime of violation of the Punishment of Violence, etc. Act (collective, deadly weapons, etc.) at the District Court of the Republic of Korea on August 17, 2012 and was sentenced two years of suspended sentence and confirmed on August 25, 2012 and confirmed on August 25, 2012, but led to the instant crime without being sentenced to suspended execution.

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