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(영문) 서울남부지방법원 2015.07.22 2015고단2240
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 June 6, 2015, at around 23:00, the Defendant heard the word “Djun” operated by the Victim C in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, that he did not provide her with urineocology while drinking her with her birth.

Accordingly, the defendant collected 500 c beer residuess for the victim, which is a dangerous thing that had been placed on the table.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to each statement;

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] The following facts are considered as follows: (a) the extent of assault is minor in the area of special mitigation (two to one year and two months); (b) the case where the victim does not want the punishment of the defendant; (c) the case where the victim does not want the punishment of the defendant; (d) the defendant recognized the facts of the crime of this case; and (e) the defendant took an attitude against the defendant; (e) the motive and background of the crime of this case, circumstances after the crime of this case, degree of assault, the defendant's age, character and conduct, environment, etc.; and (e) the records of this case and arguments of this case, including various circumstances that are the conditions for sentencing under Article 51 of the Criminal Act.

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