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(영문) 서울중앙지방법원 2014.10.16 2014고단6701
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 01:40 on July 5, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) threatened a shoulderer’s disease, which is an object dangerous to the lower part of the victim F (38 years of age), with the Defendant, on the ground that he did not come up with the mind of the wells while drinking alcohol at the D main points located under the ground of the building located in Gwanak-gu, Seoul Special Metropolitan City, on the ground that he does not drink with the walker E, etc., while drinking alcohol, and carried out the said alcohol at the D main points, he was able to do so. The Defendant threatened with the shoulderer’s disease, which is an object dangerous to the lower part of the victim F (38 years of age), who is an employee of the said main points.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. On July 5, 2014, the Defendant committed an act of obstruction of performance of official duties, around 01:50, the Defendant used a assault report at the front of Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City Nowon-gu G District District G District, which was dispatched to the site, as “this Chewing gue,” and assaulted the right part of the outer part of the H by cutting off the outer part of the h where the said H was suffering, and cutting down the head of the said H’s hair.

As a result, the defendant interfered with the legitimate execution of duties by police officers on criminal investigation and arrest of criminals.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. A written statement;

1. Application of each statute to the statement of I, H and F

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Articles 260 (1) and 136 (1) of the Criminal Act;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending sentence] six months to two years (the scope of sentence and basic area following the aggravation of multiple crimes] [the decision of sentence] appears to have reached an contingent crime under the influence of alcohol at the time of the instant crime, and the Defendant agreed with the victim F.

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