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(영문) 창원지방법원 마산지원 2016.10.12 2015고단978

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around 18:00 on August 1, 2015, the Defendant suffered special injury: (a) at the E convenience store operated by the victim D (A, 60 years of age) located in Changwon-si, Masan-si; (b) hearing the victim’s ice cream and wanting to purchase the ice cream and pay the difference from the victim; and (c) hing the victim’s face one time by gathering the Chewing display stand, which is a dangerous object in his/her place, and taking the victim’s face toward the victim’s face; and (d) assaulting the victim’s face by gathering a cal monitor, which is a dangerous object in his/her calculation, and assaulting the victim’s face, such as going through two weeks of treatment.

2. The Defendant causing property damage, at the time and place set forth in paragraph (1), and on the same ground as described in paragraph (1), destroyed the gumor, where the gumor, which displayed the gumor, owned by the victim D (nife, 60 years of age), displayed the gumor, after cutting the gumor on the floor, and caused the car to prevent the sale of the gumor, which is equivalent to the market price of 507,50 won.

Summary of Evidence

1. Examination protocol of the accused prepared by the police;

1. Statement of D prepared by the police;

1. A report on internal investigation (or a report on the attachment of a medical certificate and a receipt for damage);

1. Application of Acts and subordinate statutes to investigation reports (Evidence No. 7);

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 366 (a) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the Defendant had been punished several times due to violent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act. Among those concurrent crimes, the Defendant had the record of being sentenced to suspended execution. The instant crime was committed by carrying the 60-year-old female victim’s convenience store, such as Chewing gumphere display stand, calculation unit monitor, etc., and the victim attempted to inflict bodily injury on the victim.