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(영문) 서울중앙지방법원 2015.11.30 2015재고단152
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for four 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

At around 17:00 on June 2, 2015, the Defendant, while drinking alcoholic beverages with the victim in the “E” restaurant located in Yongsan-gu Seoul, Yongsan-gu, Seoul, where the Defendant had a relationship with the Defendant (hereinafter “E”), assaulted the victim’s right side by flicking down flick, which is a dangerous object on the table.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of sentencing guidelines] - Types 6 (Habitual Offense, Cumulative Offense and Special Violence) mitigated area (from April to January 1): The person subject to special mitigation: (a) under the following circumstances, he/she shall take full account of the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, character and conduct, family relationship, family relationship, home environment, motive and means of the crime, circumstances after the crime, etc., and determine the punishment as ordered within the scope of recommendation.

Unfavorable circumstances: The methods and degree of violence are not easy for the victim to grow up to knife with salted snife.

In the past, there is a history of punishment for the same violent crime several times.

The favorable circumstances: The victim has agreed with the victim, and the victim has appealed against the defendant.

There is no particular criminal record after 2006.

The mistake is seriously against it.

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