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(영문) 서울서부지방법원 2015.05.28 2015고단802
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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 December 20, 2014, around 02:30 on December 20, 2014, the Defendant talked with her natives before the “C” club located in Mapo-gu Seoul, and her son (24 years old) talked with her natives, without any reason, once her hand over the victim E (26 years old) who is waiting for the her natives to catch a taxi before the club with her natives, without any reason while under the influence of alcohol, and her face by drinking the victim E at one time without any reason. The Defendant kept the victim D’s shoulder her hand over with her hand, and continued to put the victim D’s shoulder, which was dangerous in front of the restaurant that was located adjacent to the club, and put the victim and the victims with her fright and her frights.

As a result, the Defendant inflicted injury on the victim D, which requires treatment for about two weeks, on the right hand hand hand, and on the victim E, on the left-hand salt, saves, and saves, which require treatment for about two weeks, respectively. The Defendant carried with the saves who are dangerous objects, and threatened the victims as in the case of the victims.

Summary of Evidence

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

1. Statement of each police statement of D and E;

1. Each photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act (the point of each injury and the choice of each imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

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

1. General injury to a person who commits a crime under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc., and Article 62-2(1) of the Act on the grounds of sentencing [the scope of a recommendation].

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