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(영문) 서울동부지방법원 2013.10.24 2013고단2201
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

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

1. Around 04:00 on August 26, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) committed assault against the victims, such as the victim E (the victim E, the victim F (the age 24), and the victim F (the age 25) who was seated on the next table while working and drinking at the "Dju shop" located in Gwangjin-gu Seoul Special Metropolitan City, for the purpose of drinking and drinking. The Defendant committed assault against the victims, such as the victim E (the victim E, who was seated on the table, while going through the table, and flabing the table, and flading the victim E’s knifeing the knife with the victim’s knife.

2. 모욕 피고인은 2013. 8. 26. 06:00경 서울 광진구 구의동 254-32에 있는 서울광진경찰서 형사과 폭력팀사무실에서 피해자 G이 E을 협박하는 자신에게 주의를 주고 제지하였다는 이유로 다른 민원인들이 보는 앞에서 피해자에게 “야 이 씨발 좆만한 새끼야, 너 일로 와봐. 이 씨발새끼 죽여버린다. 컴퓨터하는 씹쌔끼야 뒤돌아봐.”라고 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, and H;

1. Each statement of E, F and G;

1. Complaint;

1. Application of field photographs, victim F photographic Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 260 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the punishment of the crime; Article 3 (1) and Article 260 (1) of the Criminal Act; Article 311 of the Criminal Act;

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

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

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

5. Part concerning dismissal of public prosecution under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. The summary of the facts charged regarding intimidation among the facts charged in the instant case is a criminal charge of the Seoul Mine Police Station located in Gwangjin-gu, Seoul around 06:0 on August 26, 2013, Dong-gu, Seoul around 254-32.

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