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Reasons
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(영문) 서울중앙지방법원 2012.12.27 2012고단4583
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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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 July 28, 2012, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed assault against the victim two times in large brue, a dangerous article for the head of the victim E (year 56), entering the said store under the ground of Seoul Jung-gu Seoul Central District Office “D”, without any justifiable reason.

2. The Defendant causing property damage, around 22:20 on the same day, appears to be on the top of the hotel hotel in Jung-gu Seoul, Jung-gu, Seoul.

In the future, the victim F, who was driving by the GM5 vehicle driven by the GM5 vehicle, the victim stopped the vehicle and resisted the vehicle from the vehicle, and the driver's car was damaged by the victim's possession, such as making the driver's seat even one stop, and the driver's seat even one stop.

3. At the time and place specified in Paragraph 2, the Defendant assaulted the victim by putting a bat of the victim’s bat, who was subject to a claim from the victim F (the age of 32).

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E, F, and H;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Articles 260 (1) and 366 of the Criminal Act concerning the crime;

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. Suspension of execution under Article 62 (1) of the Criminal Act (The extent of violence and damage of each of the instant cases is relatively minor and considering various circumstances, such as the age of the Defendant);

1. Social service order under Article 62-2 of the Criminal Act;

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