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(영문) 서울중앙지방법원 2013.07.02 2013고단2073
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 March 22, 2013, at around 14:30 on March 2, 2013, the Defendant laid off gas sprayers (Ston call temperature, 013128) from the Defendant’s occupied machine to the victim’s face, leaving the gas sprayers (Ston call temperature, 013128) from the five subway lines (5 years of age) located in Seongdong-gu Seoul Metropolitan City 192, for the reason that the Defendant was faced with shoulders with the victim C (31 years of age).

Accordingly, the defendant assaulted the victim using gas sprayers, which is a dangerous object.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D or C by the police;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes governing seized articles;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, 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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act for the crime of violence [the decision of punishment] committed habitually, repeated crimes, special assault [Special Convicts] - [including serious efforts to recover damage] / Decision on the area of mitigation / [the scope of recommendation] April / 1 year / [the scope of general person] - there is no record of reflective punishment that has serious elements of mitigation / [the scope of applicable punishment] applicable provisions: One year or more [whether or not] - The main reasons for sentencing under Article 3 (1) and 2 (1) 1 of the breadth Act : Where a person committed a crime by a negative organization or a multiple force, or carried a deadly weapon or other dangerous things, the main reasons for sentencing are punishment not subject to positive punishment (including efforts to recover damage): It is not that the victim has made positive decisions or objects of contingent punishment, and that it is not easy that the victim has committed a crime of serious contingent punishment against the defendant.

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