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(영문) 서울중앙지방법원 2013.06.04 2013고단2076
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Punishment of Violences, etc. Act (joint assault) was committed on April 14, 2013, the Defendant asked the victim D (Namnam and 23 years old) before Seocho-gu Seoul, Seoul, about 00:15, about April 14, 2013, the Defendant got asked of the victim D (the victim D) before Seocho-gu, Seoul, for the reason that the victim D respondeded to a bad condition, but the victim D was unable to have the ability to discern things or make decisions due to the intoxication of alcohol, and turned off the victim D's chest over the floor, and the victim D faces once.

Accordingly, the defendant assaulted the victim D jointly with B.

2. A violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) reported that the Defendant was sealed by the Defendant at the place specified in paragraph (1) at the time and place, and assaulted the victim E (the victim E (the age of 24), who is a dangerous object (the age of 19cm, the length of 9cm, the height of 5.5cm) in his/her hand, while he/she lacks the ability to discern things or make decisions by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of the Acts and subordinate statutes to the victims;

1. Relevant criminal facts of a crime: Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act and Article 260 (2) of the Criminal Act: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

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

1. Application of statutes of Article 48 (1) 1 of the Criminal Act to confiscation;

1. Determination of the types of crimes based on the sentencing criteria: Violence, assault, and the first-class special person: the scope of recommending the types of persons with mental or physical disabilities: Imprisonment with labor for not less than one month to eight months; a suspended sentence shall be suspended;

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