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(영문) 인천지방법원 부천지원 2015.05.20 2015고단565
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 3:30 on February 10, 2015, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) committed assault against the victim’s face in drinking, following the completion of the work, on the ground that the victim D (the victim was 19 years of age) who was an employee working at the above restaurant performed drinking together with the victim D (the victim was able to do his/her behavior without any example).

2. The Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) committed an act of intimidation against the victim D while saving the victim at the time and place specified in paragraph (1). As such, the Defendant entered the said restaurant, and used excessive (15 centimeters in blade length) as a dangerous object, thereby threatening the victim to “be dead.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol regarding D;

1. Application of Acts and subordinate statutes to the police statement statement made to E;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act concerning the punishment of a deadly weapon;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do116, Apr. 1

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. The scope of the recommended punishment is set forth in Category 1 (Crime of Violence) and Category 6 (Habitual Cumulative Offense, Habitual Offense, Special Violence) and Part 2 (Intimidation) (including Special Mitigation) in the area of mitigation (4 months to one year and one year and two months) [including a person subject to special mitigation] in the area of mitigation (including a serious effort to recover damage). The scope of the recommended punishment is set forth in Category 4 (Habitual Cumulative Offense, Cumulative Offense, Special Intimidation) (4 months to one year) in the area of mitigation (4 months and one year).

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