logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.09.13 2013고단4476
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around June 30, 2013, the Defendant violated the Punishment of Violence, etc. Act (collective violence, deadly weapons, etc.) committed assault against the victim by gathering the face of the victim E (20 years of age) who is an employee of the above convenience store on the ground that the withdrawal period does not work properly at the D convenience store located in Gwanak-gu in Seoul Special Metropolitan City, while using the cash automatic withdrawal machine installed in the store, and assaulting the victim by putting about 11 cm in the knife length, which is a dangerous object in the knife.

2. Around 05:03 on June 30, 2013, the Defendant assaulted the victim E face with the left knee, knee, who was going to the G District for the said reasons at the G District Unit in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Investigation report (in-house CCTV investigations into D convenience stores) and CCTV image outputs;

1. Application of the Acts and subordinate statutes to investigation reports (the investigation of CCTV in the Seoul Gwanak Police Station G District), and CCTV image outputs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of carrying a deadly weapon as indicated in the judgment: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act;

(b) The point of assault in judgment: Article 260 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of recommendations for sentencing under Article 62 (1) of the Criminal Act shall be limited to six months of imprisonment with prison labor and six months of the sentence to be sentenced, and the scope of recommendations for sentencing criteria;

1. Punishment of Violence, etc. Act (a recommendation, sentence, and imprisonment with prison labor for a crime of violence, a deadly weapon, etc.), from six months to ten months (limited to types and areas: the basic area of the crimes of violence, the category six (Special Violence);

2. The type and territory of the crime of violence shall be ten months from the date of imprisonment with prison labor for the said two-month period and: the crime of assault.

arrow