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(영문) 서울서부지방법원 2014.06.25 2013고단2817
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence Nos. 1 and 2 shall be forfeited from the defendant.

Reasons

Punishment of the crime

Criminal power is a person who was sentenced to imprisonment for eight months with prison labor for a violation of the Road Traffic Act at the Jung-gu District Court on November 21, 2012, and is still under the suspension period after the said judgment became final and conclusive on November 29, 2012.

Criminal facts

At around 10:40 on August 13, 2013, the Defendant sought to appeal against the victim E, who is the head of the above branch office of the D Bank, for a difficult circumstance to repay the existing loan, while counseling about the loan to the victim E, at the second floor of the D Bank located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Legal statement of witness E;

1. A written statement of F, G, and E;

1. Statement of the police statement of E;

1. Seizure records;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Consideration of sentencing favorable to the following factors):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The basic area (six months to one year), which is the scope of the recommended sentence for the sentencing criteria (the scope of the recommended sentence) and the basic area (six months to one year);

2. The punishment of this case by the defendant on the sentence of punishment is not less than that of having inflicted assault on the victim by using dangerous articles, but also is not less than that of having committed the crime. However, the degree of damage is minor, the victim does not want the punishment against the defendant, and the conditions of sentencing provided for in Article 51 of the Criminal Act, such as the punishment force of the defendant, shall be determined as ordered.

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