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(영문) 서울동부지방법원 2014.09.01 2014고단2076

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

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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

1. Around July 21, 2014, the Defendant violated the Punishment of Violence, etc. Act (collective violence, deadly weapons, etc.) : (a) heard that the victim E (the age 46) who found the owner of a head of a head of a head of the head of the head of the head of the head of the head of the head of the Si/Gun/Gu talks with the owner of the head of the head of the head of the head office in the head office in the head office in the head office in the head office in the head office in the head office in the head office in the head office in the head office in the head office in the head office in the head office in the head office in the head office in the head office in the head office in the head office in the head office in the head office in

The defendant continued to have knife and knife the knife and knife the knife of the knife and the knife of the knife of the knife.

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

2. Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) brought about a knife, which is a dangerous object outside the above knife house, while driving away from the above knife, the Defendant was in knife with a knife with a knife with a victim Frife car.

The defendant, who did not get E, was off the victim's car with the remaining food knife and sealed the victim's car at several times.

Accordingly, the defendant carried dangerous articles and damaged the car owned by the victim to be equivalent to KRW 3,181,255.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and F;

1. Records of seizure and photographs of seized articles;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles and estimates;

1. Article applicable to criminal facts;

(a) The act of assaulting carrying dangerous articles as indicated in the judgment: Articles 3 (1) and 2 subparagraph 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act;

(b) The point of causing damage to dangerous items carrying property: Articles 3(1) and 2 subparag. 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;