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(영문) 춘천지방법원 강릉지원 2014.05.22 2013고단907

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)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 August 3, 2013, the Defendant: (a) carried the victim E (year 25) and F, which was wraped in front of the main point of “D” located in Gangnam-si, Gangnam-si; (b) brought the victim E (year 25) into the main point; and (c) dump the bat with the victim E and the hand hand, and dump the ebbbb, and the Defendant dumped and dumped with the victim E.

Accordingly, the defendant committed violence against the victim E.

2. The Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) and the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) and threatened the victim E (year 25) and the victim G (year 24) with two knife knifes (17 cm in daily length, 27 cm in total length, 19 cm in total length, 30 cm in knife in each hand and knife two knife (17 cm in daily length, 17 cm in total length, 27 cm in total length, 30 cm in total length). The Defendant, at the time and place specified in paragraph (1), assaulted the victim E (25 years of age) and knife the victim G (24 years of age) with knife the victim E.

In this respect, the defendant carried dangerous objects and assaulted the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused in the first protocol of trial;

1. Partial statement of the police interrogation protocol of the accused;

1. Each legal statement of witness G and H;

1. Each police suspect interrogation protocol of G and E;

1. The police statement of H;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment of concurrent crimes as provided for in the Act on the Punishment of Violences, etc., which is the most serious offense (aggravating collective crimes, deadly weapons, etc.).