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(영문) 서울북부지방법원 2015.06.10 2014고단4350
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

around 22:10 on August 18, 2014, the Defendant expressed that the victim D (the age of 32) who was working on the road in Gangseo-gu Seoul, Gangnam-gu, Seoul without any justifiable reason, would be "Chewing sprinking", and continued to cover excessive (the length of 11cm, the knife 11cm) that is dangerous in the back part of the back part of the ship, and threatened the victim with knife on the chest part of the victim's chest.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

around 17:00 on December 23, 2014, the Defendant, “2015 Highest 787,” expressed 5 persons, including the victim E (15 years of age) and the victim F (15 years of age), who boarded from the 116th underground floor of the Bodaemun-ro, Seongbuk-gu Seoul Bomunmun-ro, Seoul, and took a bath without any justifiable reason, and threatened the victims with excessive (14cm in length) that is a deadly weapon prepared in advance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. Article 62 (1) of the Criminal Act;

1. The scope of the final sentence for the sentencing of Article 48(1)1 of the Criminal Act for the reasons for the sentencing of Article 48(1)2 of the Confiscation Act is a crime of assaulting Article 1 [Scope of Recommendation] and Article 4(1)2 of the Act on the Punishment, etc. of Crimes of 6 (Habitual Offense, Habitual Offense, Habitual Offense, and Special Violence) [Scope of Recommendation] and Article 4 of the Act on the Punishment, etc. of Intimidation (Habitual Offense, Habitual Offense, Special Intimidation: June-2 and July 1: The scope of the comparative sentence between the applicable sentence and the recommended sentence: One year-2 years-7 [Determination of the sentence] and the defendant take the transition from Mart on May 30, 2014.

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