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(영문) 서울서부지방법원 2014.12.11 2014고단1271
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for four 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 April 8, 2014, at Eunpyeong-gu Seoul Metropolitan Government around 22:30, the Defendant: (a) followed the victim D by leaving the victim D, thereby preventing the victim from being injured by his left hand; and (b) obstructed the victim; (c) however, the victim fleded the victim with his body, frighting the victim; and (d) assaulted the victim, who escaped.

Summary of Evidence

1. Legal statement of witness D;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of each police statement regarding D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense and Article 260 (1) of the Election of Imprisonment;

1. Selection of imprisonment in light of the criminal records of the defendant, the risk of the crime in this case, and circumstances not agreed with the victim, etc. for the reason of sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the Suspension of Execution Act), but the degree of actual damage is not heavier than that of the injury, the sentence is

The acquittal portion

1. On April 8, 2014, the Defendant: (a) around Eunpyeong-gu Seoul Metropolitan Government around April 22:30, 2014, the Defendant: (b) obstructed the victim D from leaving back, following the victim’s back; (c) obstructed the victim’s left hand; and (d) kackers, which are dangerous articles for the damage, by dancing on the face of the victim, used the kacker, while the victim was hacked on the face of the victim; and (c) assaulted the victim after the victim was pushed the body of the victim, hacking him/her, and pushing him/her of sound.

2. Unlike the facts charged prior to the facts charged, this part of the facts charged is that the Defendant committed an assault against the victim on the knife, which is a dangerous object, and accordingly, the victim has a statement at this court and investigative agency.

However, the victim did not see that the defendant actually has a knife, and the defendant prevented the defendant from being in the left hand from being out of the victim's side, and he was able to get in the right hand of the victim at that time.

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