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(영문) 서울남부지방법원 2015.01.15 2014고단1121
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 20:50 on March 31, 2014, the Defendant: (a) requested the victim C (36 years of age) to provide tobacco in the new park located in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu; (b) however, there was no defect in the name of the victim; (c) there was no defect in the part of the victim’s back to an empty disease, which is a dangerous object of drinking.

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

On April 20, 2014, the Defendant: (a) around 04:50 on April 20, 2014, 2014, the Defendant: (b) placed the victim’s face at two times on drinking by the victim E located in Geumcheon-gu Seoul Metropolitan Government without any justifiable reason; (c) sustained the victim’s injury that the victim gets out of the left eye of the number of days of treatment days after he/she teared.

Summary of Evidence

"2014 Highest 1121"

1. C’s legal statement;

1. A protocol of partial police interrogation of the accused;

1. Statement to C by the police;

1. Photographs photographs of each victim, and an empty smaller's disease, "2014 Highest 1598";

1. Defendant's legal statement;

1. E prosecutorial statement;

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

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 260 (1) and 257 (1) of the Criminal Act concerning the punishment of crimes;

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

1. In light of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, including the fact that the Defendant partially denies the crime, etc., does not seem to have serious anti-discrimination, and that it is not agreed with the victims, a sentence of sentence on the Defendant is inevitable.

On the other hand, the defendant has no record of being punished in excess of a fine, and the punishment shall be determined as ordered in consideration of various sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime.

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