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(영문) 부산지방법원 2012.12.13 2012고단5835

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

The defendant shall be an employee of the Lee Dong-dong Center.

1. On July 1, 2012, the Defendant, at around 17:35, 2012, expressed the victim’s bath to “Clocks” on the ground that the Defendant openly shakings the wind engine at the Busan Seo-gu C cafeteria, Busan, and the victim D (the age of 61) who is another customer is the victim, used the victim as “Clocks,” and assaulted the victim according to the direction of the right bridge.

2. The Defendant 1. On the date and time set forth in paragraph 1., on the ground that the victim E (the age of 49) who was around the assaulting of D at the above time and at the above place mets, boomed the victim’s breath, and boomed the victim’s breath by drinking the breath, twice the victim’s breath by drinking breath, and the victim drinking breathed the victim’s breath in the main room of the above restaurant, and breathed the victim with a knife (the knth length of 18.5cm, the total length of 31cc) that was dangerous to the victim, and assaulted the victim by drinking the victim’s chest with a knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E, D and F;

1. The police statement of D or E;

1. Application of Acts and subordinate statutes to field, criminal tools photographs, investigation reports (Evidence No. 43, 44 pages);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned and Article 260 (1) of the Criminal Act (the occupation of assaulting carrying dangerous objects);

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

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is to completely deny the victims by citing and displaying iron and knife, which are dangerous things, and further, by having G and F give testimony favorable to himself/herself, and actively deceiving the court. In light of the fact that the reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act, the criminal liability is not weak.

In addition, the motive and motive of the instant crime.