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(영문) 서울남부지방법원 2013.09.05 2013고단2301
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

Defendant

A is a person who resides in Guro-gu Seoul Metropolitan Government BPublic Notice Board 204, and the victim C(45 years of age).

On July 9, 2013, at around 23:15, the Defendant used a food blade ( approximately 29cm in length, approximately 17cm in blades), which is a dangerous object that was kept in custody of the Defendant’s 204 square meters, while the Defendant took a dispute, on the ground that the victim C (the age of 45) (the age of 45) residing in the side in the corridor of the second floor of the above Gosiwon was demanded to do so, and carried out a fighting with the victim and the body of the victim who tried to capture the above food blade.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Seizure records;

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

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

1. Article 62 (1) of the Criminal Act;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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