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(영문) 서울동부지방법원 2014.07.24 2013고단1667
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 05:30 on July 12, 2013, the Defendant: (a) asked the victim C (21 years of age) to leave the Defendant’s door on the table table at the Cheonggic Sea Station restaurant located in Cheongyang-dong, Gwangjin-gu, Seoul, 21-5, the Defendant thought that he would ignore himself; (b) made the victim go out of the restaurant, and (c) caused the victim to go out of the restaurant, and then assaulted the victim, who was in possession of a deadly weapon (10cm in length) with a deadly weapon (10cm in length).

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. Police seizure protocol and list of seizure list (the defendant only sees the knife of the victim who was seated in a 5-6m away from the restaurant before the restaurant, and did not display the victim's part of the vessel as if they were attached to the restaurant out of the restaurant. However, according to the witness C's legal statement and the police protocol against C, according to the witness C's statement and the police protocol against C, the defendant went out of the restaurant after the dispute is raised as a matter of the victim's behavior and the defendant's resistance, and he acted 5-6 times from the packing box with the knife toward the part of the victim. The defendant's assertion is without merit).

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

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act is a crime committed by the Defendant with a knife, which is a deadly weapon, and assaults the victim as a knife with a knife with a knife and with a knife with a knife, and thus,

The defendant is sentenced to a suspended sentence for a similar crime in around 209.

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