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(영문) 서울중앙지방법원 2012.12.28 2012고단5212
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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A defendant shall be punished by imprisonment for not less than eight 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 23:50 on September 11, 2012, the Defendant, at the Gangnamnam Branch of Seoul, exercised violence against the same person under the influence of alcohol by the victim C (the age of 35) who is a workplace partner in the workplace in Gangnam-gu Seoul, Seoul, and caused violence to the victim by getting off the part of the head of the victim, which is a dangerous object of chemicalization, one time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the defendant and C;

1. Application of the police statement law to D;

1. Articles 3 and 1, 2 (1), and 2 (1) 1 of the Punishment of Violences, etc. Act on the Punishment of Crimes, 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 by the sentencing guidelines (determination of types), violent crimes. Violence crimes. Special Violence (Determination of the recommended area) basic area [the scope of sentence to recommend] six months to one year, and one year and one hundred months (pre-Adjustment according to the punishment by law);

2. Determination of sentence: (a) considering the fact that the nature and circumstances of the instant crime, such as the risk of the instant method of committing the crime, etc., are not provided against the Defendant; (b) the degree of damage caused by the instant crime is not significant; (c) agreement with the victim; (d) circumstances that may be considered in the motive and circumstances of the instant crime; and (e) the sentencing conditions prescribed in Article 51 of the Criminal Act are comprehensively taken into account, set the sentence as ordered.

It is so decided as per Disposition for the above reasons.

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