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(영문) 서울북부지방법원 2013.07.04 2013고단1014
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not more than ten 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

On April 22, 2013, the Defendant: (a) around 01:50 on April 22, 2013, in the “Ccafeteria” located in Dongdaemun-gu Seoul Metropolitan Government, and had a dispute with the victim D (the age of 43) who is a workplace partner in drinking alcohol together with the Plaintiff’s d (the age of 43); (b) on the ground that the dispute occurred, the Defendant threatened the victim with her neck by hand on the ground that the dispute occurred; and (c) on the ground that the other hand, the victim was dangerous, and (d) the Defendant collected one beer, which is a dangerous object to the victim’s shoulder.

The Defendant carried these dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

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

1. Written statements of D;

1. Application of statutes on site photographs;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., circumstances leading to the instant crime) (see, e., Supreme Court Decision 2006Da1548, Apr. 2, 2006);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

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