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(영문) 서울동부지방법원 2014.11.27 2014고단3322
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six 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

At around 22:40 on August 14, 2014, the Defendant took a bath to D on the ground that D’s proprietor of the business at the instant entertainment place in Gwangjin-gu Seoul Special Metropolitan City informed D of the toilets by wrong notification, and threatened D with beer’s disease, and broken the beer’s disease on the floor.

Accordingly, the victim E(50 years of age) was about to see the defendant's behavior, the defendant was able to display the beer's disease, which is a dangerous thing, and the defendant was able to walk the victim, walk the victim with the wind of the dangerous thing, the victim was able to get off the victim with the wind of the dangerous thing, and the left fright of the victim was broken by the entrance.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

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

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 concerned, Article 260 (1) of the Criminal Act;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the sentence recommended by the sentencing guidelines (decision of type), violent crimes, special assault [decision of the recommended area] mitigation area (decision of the recommendation area), April to December 12;

2. Determination of sentence shall be made in the same manner as the order, taking into consideration all the circumstances shown in pleadings, such as the confessions of the defendant in the judgment of sentence, the fact that there is no record of punishment since 2005, the victim does not want the punishment of the defendant, and the age, character, conduct, occupation, intelligence and environment of the defendant, motive and background of the crime, means and method of the crime, circumstances after the crime, etc.

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