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(영문) 서울동부지방법원 2014.09.17 2014고단2221

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On April 12, 2014, around 23:45, the Defendant became the victim E (39 years old), victim F (39 years old), victim G (38 years old) and vision at the front of the store store in Songpa-gu Seoul Metropolitan Government.

While the victims and the victims were at horse fighting, the Defendant taken a knife, which is a lethal weapon ( approximately 30 cm in total length, approximately 20 cm in knife) kept in the Defendant’s vehicle, and sealed the victims, and threatened the victims with the knife, and threatened the knife with the knife knife knife knife knife knife knife knife knife knife knife knife knife.

At that time, the victim E, in his arms, knife the defendant, knife the victim E, knife and threaten the above knife with the above knife, and knife the knife in the side, and threatened the victim G with the above knife and driving away the knife.

As a result, the Defendant carried a deadly weapon and threatened with the victim E and G, and the victim F is also “a person who has lost lost loss in the days of treatment,” such as knee in a knee-geling room in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Each police statement made to G, E, and F;

1. Investigation report (to hear victim E-mail statements);

1. A medical certificate;

1. Application of the Acts and subordinate statutes on refluence photographs and parts of bodily injury;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act concerning a crime;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Do1148, Apr. 1, 2009; Decision 200Do1135, Feb.

1. Article 62 of the Criminal Act: