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(영문) 서울동부지방법원 2015.05.14 2015고단160
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 29, 2014, around 16:00 on December 29, 2014, the Defendant: (a) while carrying out substantial repair works on the building owned by the Defendant in Seongdong-gu Seoul, on the ground that the wall of the Defendant was damaged by the victim D (the age of 54)’s land, the victim was pushed down the victim’s breast part of the building, which is a dangerous object used by the Defendant in front of the building.

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

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal investigation (to attach CCTV images submitted by a victim);

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] When the degree of assault is minor (Article 1, 6, and 7) mitigated area (Article 62(1) of the Criminal Act (Habitual, Habitual, Habitual, and Special Violence) (Article 1, 6, and 7) mitigated area (Article 6) [Special Mitigation] (Article 1, 6, and 7): June-1 and February (Article 6-12) of the suspended sentence, the sentence was determined as per Disposition, comprehensively taking into account the circumstances and contents of the instant crime, the degree of assault, the degree of assault, the degree of assault, the fact that the confession and rebuttal are not agreed with the victim, the fact that the Defendant is

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