beta
(영문) 창원지방법원 밀양지원 2013.12.19 2013고단402

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

From March 1, 2011 to March 1, 2012, the Defendant transferred the leased house from the Korea Asset Management Corporation to the victim, but the Defendant did not transfer the said house despite the expiration of the sub-lease period, and was urged to deliver the house from the victim.

On April 2, 2013, around 17:30 on April 2, 2013, the Defendant: (a) stated the victim E (the age of 42) who is the wife of the victim D (the age of 42) in the above housing as the kitchen, which is a dangerous object by opening the door and opening the door, as the kitchen, and took the kitchen knick as the kitchen knick.

After that, the defendant continued to use the kitchen knife and knife the victim D, and knife the knife with the victim D, and knife the knife into the above house.

On the other hand, the Defendant used the kitchen knife in the above kitchen, and called “espule”, and continued to run as the vessels of the victim D, while using the steel greenhouse, which is a dangerous object, Pipe (a pipe equivalent to approximately 50 cm) and putting the victim D, putting the chest of the victim D in excess of 3 times, putting the chest of the victim D, and broken off the part of the victim D’s left side buckbuck.

In addition, the Defendant reported around that time and continued to use the kitchen knife while the police officer called out, and kept the kitchen knife at the left side of the victim.

As a result, the defendant carried dangerous objects and carried them about two weeks of treatment, which requires multiple scambling, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination of suspect suspect regarding D by the prosecution;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

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

1. Suspension of execution;