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(영문) 서울북부지방법원 2015.05.15 2015고단218
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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 became final and conclusive.

Reasons

Punishment of the crime

On July 13, 2013, around 11:10 on July 13, 2013, the Defendant assaulted the victim E (here, 18 years old) who was an employee of Dongdaemun-gu Seoul Metropolitan Government to take a bath against the victim on the ground that the victim E (here, 18 years old), who was an employee, respondeded to the victim’s desire and took a dangerous object, such as booming the head of the victim twice.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of CCTV Acts and subordinate statutes to the scene of crime, by cutting down the CCTV;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that there is no record of punishment heavier than a suspended sentence to the defendant, and the assault of this case does not have any direct physical contact, and the extent is insignificant, etc.);

1. It is so decided as per Disposition on the grounds that the suspended execution is more than Article 62(1) ( considered as grounds for discretionary mitigation) of the Criminal Act;

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