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(영문) 서울남부지방법원 2014.02.05 2013고단2381
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 May 29, 2013, at around 19:30, the Defendant: (a) 19:30 on May 29, 2013, the victim E (the 43 years of age), the main owner of the Hopon located in Yeongdeungpo-gu Seoul Metropolitan Government “D,” (the 43 years of age), who reported the previous police, took a mixed bath at the head of the Hopon while he was under the influence of being fright and being able to bread, and (b) the Defendant: (c) “I kn the knife to kill the knife”; (d) the Defendant knife the knife (the 9cm length of the day) in the direction of the victim from the distance of about 1 to 50 cm from the front of the victim, to the knife of the knife in the direction of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15448, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Probation under Article 62-2 of the Criminal Act;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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