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(영문) 서울동부지방법원 2015.07.03 2015고단924
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person working as an employee in the "D" located in the Songpa-gu Seoul Metropolitan City C market, and the victim E (V, 42 years old) is a person operating the above meeting.

At around 08:00 on April 7, 2015, the Defendant did not find the location of the vehicle in the Fcheon-gu, Songpa-gu, Seoul, 932-C market, and did not have to deliver the vegetable, and he did so by telephone to the victim. However, the Defendant heard from the victim the phrase “(s)”, “I do not know that he would have come to the vegetable system,” but was hicking off the ground floor by putting the vege of the victim’s head and vegetable knating knife, which is a dangerous object ( approximately 15cm in total, approximately 7cm in knife, about 7cm in knife) and threatened the victim with a vegetable hand, thereby putting the head of the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the records of seizure, voluntary submission and the 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. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [Scope of Recommendation] Crimes of Type 6 (Habitual Cumulative Offense, Habitual Offense, Special Violence) (No person in special form] [Determination of sentence] of the basic area (6 to 10 months] [Determination of sentence] of the defendant has the record of criminal punishment of fines twice for violent-related crimes; among them, there are crimes against the same victim; the crime of this case is committed against the same victim; the crime of this case is committed with dangerous articles; the crime of this case is committed with dangerous articles, and the crime of this case is highly dangerous.

However, the defendant is recognized to commit the crime of this case, there is no criminal record exceeding the fine, and the defendant has a knife for the purpose of committing the crime.

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