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(영문) 서울북부지방법원 2014.07.10 2014고단1463
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six 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 21, 2014, at around 16:40, the Defendant, while under the influence of alcohol in the vicinity C in Dobong-gu Seoul Metropolitan Government, reported that Neas, including the victim D (year 53), drinks alcohol in the air space below C.

The Defendant, while drinking alcohol in the above airspace, took a bath with E, and doing a dispute, he took place, and she took a dangerous object that had been salved in advance, 2 meta (the knife is excessive: approximately 12.5cm in length, approximately 23cm in total length, about 9.5cm in length, about 19.5cm in total length, about 19.5cm in total). The Defendant followed the two excessive knife in which the victim observed the Defendant, and the victim observed the Defendant, thereby putting the victim’s chest back.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Records of seizure and the list of seizure, and application of the photograph thereof by 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment as set forth in the Disposition shall be determined in consideration of the following: (a) the reason for sentencing under Article 48(1)1 of the Criminal Act, such as the fact that the victim did not want to be punished but did not want to be punished; (b) the defendant was assaulted by the victim; (c) the defendant committed the instant crime in a contingent manner under the influence of alcohol; and and

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