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(영문) 서울서부지방법원 2014.10.08 2014고단973
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On January 26, 2014, at around 04:27, the Defendant argued with the victim E (the age of 28) who is an employee of the said establishment on the ground that the Defendant did not have the mind of gambling in Eunpyeong-gu Seoul, Seoul. On the ground that he did not assaulted with the intent of gambling, the Defendant assaulted the victim on the ground that he was an employee of the said establishment, she was able to kill and trace the breath of the victim’s breath, booming the breath, which is a dangerous thing, and threatening the victim as being bread with the breath of the dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to photographs of CCTV images;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the injured party is not subject to the punishment of the accused and that the injured party seems to reflect his/her opinion);

1. It is so decided as per Disposition on the grounds that there is no basic area (6 months to 10 months) of the basic area (6 months to 6 months) of the crime of assault and crime (special violence) (6 months to 10 months) or more in the sentence of Article 62(1) of the Criminal Act (the same point as above) of the suspended sentence.

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