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(영문) 서울남부지방법원 2013.12.18 2013고단3919
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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

1. On August 2, 2013, at a C cafeteria located in Guro-gu Seoul Metropolitan Government, the Defendant, without any justifiable reason, told the victim D (the age of 34) who provided meals on the side in the future, that “boomed well-filled drinking.” On August 2, 2013, the Defendant: (a) lided the victim’s head; (b) lided the victim’s head at one time; (c) kid the victim’s head at one time; and (d) 2-3 times the head with plastic material disease; and (c) assaulted the victim D (the age of 34).

2. When the victim E (the 26-year-older) who is a criminal defendant at the time and place specified in paragraph 1, the Defendant committed violence on the victim’s left side with his/her hand floor one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 260 (1) of the Criminal Act (Selection of Imprisonment with prison labor for the crime of violence);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (such as the absence of a previous conviction, the occurrence of the crime in this case was contingent, and the payment of one million won to the victim D) or more.

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