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(영문) 서울남부지방법원 2014.10.01 2014고단3013
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

1. The Defendant committed the crime against the Victim C around 04:0 on July 7, 2014, and around 04:0, in D operated by the Victim C (AF) located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant heard the horses that the business should be terminated by the Victim C, and assaulted the Victim C’s 500c Mac World Cup, which is a dangerous object on the table of the table, toward the shoulder of the Victim.

2. On August 8, 2014, around 19:40, the Defendant committed the crime against the victim E with a knife a knife (29.5 cm in total length, 17 cm in length) which is a dangerous object prior to the victim’s knife who was an employee E (the knife and 26 years of age) and assaulted the victim’s knife with his left hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act concerning the punishment of a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of recommendations according to the sentencing criteria;

(a) Basic crimes [Crimes of Violation of the Punishment of Violences, etc. Act (Crimes of Violence)] / [Crimes of Habitual Assault (Special Mitigation element] / Punishment and Non-Mitigation of Punishment of Habitual Assault / [Scope of Recommendation Sentence] mitigated area ( Imprisonment with prison labor between April and February);

(b) The same as the basic crime for concurrent crimes;

(c) Four months of imprisonment with prison labor for the commission of multiple crimes - One year and nine months (one year and nine months (calculated by summing up the upper limit of concurrent crimes to the upper limit of basic crimes);

2. Each of the crimes of this case, the sentence of which was decided, assaults the victim with dangerous articles or carrying the victim;

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