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(영문) 서울중앙지방법원 2014.09.04 2014고단4541
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

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

However, 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

On April 28, 2014, at around 23:15, the Defendant, at the main point of “C” located under the Dongjak-gu Seoul Metropolitan Government Ground B, determined that the victim D (52 years of age) performed his work as an employee from the main point of view, misunderstanding that the victim D (52 years of age) was sexual intercourse with E, a dangerous object located therein, and assaulted the victim’s head at one time.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each statement of D and F;

1. Application of Acts and subordinate statutes to photographs of shouldered beer and disease;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (In consideration of the fact that the defendant is assaulted against the victim himself/herself, the extent of damage is minor, and the victim does not want the punishment);

1. It is so decided as per Disposition on the grounds of Article 62(1) (Concurrent Consideration) of the Criminal Act or more;

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