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(영문) 수원지방법원 2015.02.04 2015고단33

폭력행위등처벌에관한법률위반(우범자)등

Text

A defendant shall be punished by imprisonment for one year.

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. On December 22, 2014, the Defendant: (a) destroyed and damaged the victim’s market price owned by the victim, which is the sum of KRW 2,151,00,00, 2,00 in the aggregate of the market price owned by the victim, 2,151,00, 2,000, on the ground that the victim D (the victim 53 years of age) was not repaid with money from “E” in the “E” operated by the victim D (the victim d (the victim d. 53 years of age) that the victim was not repaid with money; and (b) the rupture was laid down by a rupture

2. In the above time, at the above place, the injured Defendant inflicted bodily injury on the victim by allowing the victim to go beyond the victim’s face by making the victim’s hand room over several times, thereby getting the victim to go beyond the victim’s face, and thereby getting the victim to suffer bodily injury for about two weeks.

3. Around 20:00 on December 22, 2014, the Defendant, at F’s house located in Suwon-si, Suwon-si C, 201, performed drinking with the victim by drinking the victim with drinking F, etc., by drinking the victim immediately, for the foregoing reasons, and assaulting the victim’s face by breaking the epib, spacing the victim’s bat, and destroying the victim’s bat.

4. The Defendant, in violation of the Punishment of Violences, etc. Act, carried a dangerous object that could be used for a crime without good cause, by possessing a knife (16.5m in the knife length) with a knife knife, knife, at a place specified in paragraph (1) and at a time and time.

Summary of Evidence

1. Defendant's legal statement;

1. D's statement among the suspect interrogation protocol of the accused against the prosecution;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 36 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 7 of the Punishment of Violence, etc. Act, and the choice of imprisonment, respectively;

1.Article 37 (former part), Articles 38(1)2 and 50 of the Criminal Code among concurrent crimes;

1. The fact that the defendant under Article 62 (1) of the Criminal Act has agreed smoothly with the victim;