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(영문) 의정부지방법원 고양지원 2013.09.05 2013고단1000

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 25, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., and a deadly weapons, etc.) in the Goyang Branch of the District Court on August 25, 201, and the said judgment was finalized on September 2, 201

1. On June 19, 2013, the Defendant: (a) in violation of the Punishment of Violences, etc. Act (abstinence by a group, deadly weapon, etc.); (b) considered that the victim E (the age of 76) took money from the Defendant’s living together before towing, and took a bath; and (c) took breath of the victim’s breath.

In addition, the body of the victim's face side of the knife and the victim's face side of the knife in the body of the kitchen, which is a dangerous object that had been living in the kitchen, was 25.5 cm in total length and 13 cm in the knife in the body of the kitchen, and the victim's face side of the knife in the body of the victim for about two weeks.

2. On June 19, 2013, around 19:23, the Defendant damaged public goods by demanding a swimming at the office of the senior five team office of the Goyang Police Station, Goyang-gu, Goyang-gu, 1008, Goyang-gu, Goyang-gu, 1008, the Defendant damaged public goods by taking two books on his/her book and destroying them.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation report (a CCTV analysis photograph of CCTV damaged public goods of a suspect);

1. A written diagnosis of injury;

1. Seizure records;

1. Application of Acts and subordinate statutes to inquiry reports and investigation reports (in cases of attaching a copy of the judgment);

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object), and Article 141 (1) of the Criminal Act (the occupation of damaging public goods and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of the sum of the punishment prescribed in the Act on the Punishment of Violences, etc. which is heavier than the punishment and the long-term punishment of the crimes above two crimes] among concurrent crimes;

1. An agreement with the victim E under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation;