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(영문) 서울남부지방법원 2014.02.12 2014고단70

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

except that 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 28, 2013, the Defendant violated the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) was placed on the floor of the victim, on the ground that G and the victim H (the age of 31) who had been a guest in the 2nd room of the 2nd room of the 2nd room of the 2nd office of the 2nd office of the 2nd office of the 2nd office of the 2nd office of the 2nd office of the 2nd office of the 2nd office of the 2nd office of the 2nd office of the 2nd office of the 2nd office of the 2nd office of the 2nd office of the 31st office of the 2nd office of the 30th office of the 2nd office of the 30th office of the 2nd office of the 30th office of the 30th office of the

Accordingly, the Defendant, who is a dangerous object, faced the victim's face by facing the shoulder self-help of the above shoulder, and faced with the victim's left side eye, thereby causing injury to the victim, such as inside the left part of the treatment days.

2. The Defendant damaged the property by cutting off the cans in a cooling place, which were in a cooling place, at the time and place specified in paragraph (1) above, with approximately KRW 4,00,000 of the market price owned by the victim F, which were caused by the carper, and then broken down the cans.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution on the accused (including statement made by E, G and H)

1. Application of Acts and subordinate statutes to police statements made to F and I;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Articles 257 (1) and 366 of the Criminal Act concerning the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., no criminal record was committed against the defendant, the crime in this case was committed contingent, the victim H deposited KRW 10 million with the victim H, and the victim F was not punished) or more.