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(영문) 서울동부지방법원 2014.11.20 2014고단2580
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

At around 13:35 on May 3, 2014, the Defendant, on the ground that the victim D (year 46) who was being a victim of the extended project on the fourth floor of Gwangjin-gu Seoul Special Metropolitan City, does not listen to the Defendant’s horse that “I will not interfere with the right to enjoy sunshine.” The Defendant was faced with bricks, dump bells, and blags, which are dangerous objects to the victim, and some of them are faced to the victim’s side, etc.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 260 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of sentence recommended according to the sentencing guidelines (decision of type), violent crimes, assault (decision of the recommended area), basic area [decision of the recommended area] [decision of the recommended area] six months to one year, and ten months;

2. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances as revealed in pleadings, such as the fact that the defendant makes a confession and reflect on the sentence, the first offender, the degree of damage, the fact that he deposits one million won for the recovery of damage without any heavy weight, and the age, character and conduct, occupation, occupation, intelligence and environment of the defendant, motive and background of the crime, means and method of the crime, circumstances after the crime, etc.

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