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(영문) 서울서부지방법원 2015.09.18 2015고단1809
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant and C around 04:00 on May 5, 2015, at the main point of “E” located on the first floor of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, at around 04:00, the victim F (20 years of age) and the victim G (23 years of age) were asked by the victims that they were seated in the toilets where the victims were seated, and the Defendant and C were asked by the victims that they were flicked. The Defendant and C were flicking the flick of the said victims. The Defendant flicked the flick of the said victims on the blick of a dangerous object on the blicker. The Defendant and C were able to flick the victim’s face by drinking, and on the ground that the victim H (20 years of age) who is the customer was flicking, the Defendant flick part of the victim’s flick of the said victims.

Accordingly, the Defendant, carrying dangerous articles, assaulted the Victim F and the Victim H, and assaulted the Victim F and the Victim G in conjunction with the above C.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, G and H;

1. One CD in the investigation report (related to the verification of CCTV recording data at the scene of occurrence), violence photographs at the scene of occurrence, and video recording data at the scene of occurrence;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by a victim's telephone);

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Articles 2 (1) and 2 (1) 1 of the same Act, Article 260 (1) of the Criminal Act (the occupation of assault in carrying dangerous things), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the occupation of joint assault and the choice of imprisonment);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Article 55 (1) of the Criminal Act (Article 53 and Article 55 (1) 3 of the same Act, including the fact that an agreement is

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

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