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(영문) 서울중앙지방법원 2015.09.22 2015고단4753
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six 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

At around 17:00 on June 2, 2015, the Defendant, while drinking alcoholic beverages with the victim in the “E” restaurant located in Yongsan-gu Seoul, Yongsan-gu, Seoul, where the Defendant had a relationship with the Defendant (hereinafter “E”), assaulted the victim’s right side by flicking down flick, which is a dangerous object on the table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Crimes of Types 6 (Habitual Offense, Cumulative Offense, Special Violence) (4-1-2) (Special Mitigation) (Special Mitigation) of mitigation area (4-1-2) (Special Mitigation), Defendant’s decision is against his/her wrongness, and victim does not want the punishment of Defendant.

In addition, the sentencing conditions indicated in the records of this case, such as the defendant's age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be sentenced to the same sentence as the disposition.

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