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(영문) 창원지방법원 2015.02.11 2014고단3226

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

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 of the final judgment.

Reasons

Punishment of the crime

Around October 2010, the Defendant got married between the victim C (math, 51 years of age) and the Defendant (math, 24 years of age) and the Defendant decided to nurture the victims D (24 years of age). Since then, the Defendant requested the victim to call or find in the workplace due to the marries and negotiations between the said children, but the Defendant was forced to refuse it from the victim.

Around 08:50 on October 7, 2014, the Defendant assaulted the victim at one time on the ground that the victim was spawn at “F Corporation” located in the window E in Changwon-si, Gyeongnam branch of the Gyeongnam branch, and that the victim was spawn at a newspaper, which is a dangerous object in the management support team room where the victim works (a x 4 cm in length, 18 cm in length) of concrete storage (a x 18 cm in length) of a dangerous object in the newspaper, and demanded the victim to resume, but the victim was not able to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, 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 (Consideration to the agreement with the victim, etc.);

1. Social service order under Article 62-2 of the Criminal Act;