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(영문) 서울동부지방법원 2014.12.11 2014고단3321
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not more than ten 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

Around 23:50 on September 26, 2014, the Defendant: (a) under the influence of alcohol in D operated by the Victim C (V, 52 years of age) located in Gangdong-gu Seoul Metropolitan Government, the Defendant expressed that “this alcohol value was calculated; (b) the Defendant expressed the desire to read “Crogate ....................................” and her back part of the Victim’s back, one time, and one time, etc., of dangerous things located on the bottom of the warehouse located adjacent to the calculating site.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs to be received using iron;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case of assaulting crimes of Type VI (Habitual Habitual Offense, Habitual Assault....... (Habitual Assault................) mitigation area (special mitigation), punishment not (including serious efforts to recover damage), or considerable damage recovery (decision of sentence] of the crime of this case, the crime of this case is committed by the defendant by assaulting the main agent who is a dangerous object in the liquor price, and it is not proper to commit the crime in light of such danger, etc.

However, the fact that the defendant is recognized to commit the crime, that there is an agreement with the victim, that the degree of damage is not very serious, and that there is no criminal record in the same kind of crime is favorable to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the circumstances that led to the defendant to commit the crime, the age, character and conduct, environment, motive and circumstances of the crime, the result of the crime, the circumstances after the crime, etc., as shown in the arguments in this case.

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