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(영문) 창원지방법원 2014.02.21 2014고단123

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 09:50 on December 18, 2013, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) was at the front of the residence of the victim D (the age of 52) who was de facto in the window C of Changwon-si, who was in front of the dwelling space of the victim D (the age of 52) who was in fact in the window C of Changwon-si, on the ground that the victim was suspected of having obtained a loan under the name of the Defendant’s his/her father since he/she got out of his/her will to do so. However, the victim saw “CM and her soon frighting,” while taking the victim’s desire to “as soon as possible,” she saw the victim as his/her hand three times of saw the victim’s breath, which is a dangerous thing 45 centimeters in length, and she saw back the part of the left shoulder, thereby making it difficult for the victim to treat the

2. Damage to property;

A. On January 5, 2014, the Defendant: (a) at the same place as Paragraph (1) at around 11:10 on the same day; (b) on the same reason, with the victim E, who is the de facto husband of D and D for the same reason; and (c) with the wind door, which is the victim’s ownership, laid down vinyl and shocked, and damaged the wind door so that the tear and shocked water can be repaired, so that it can be seen as repairing cost by tearing it.

B. At around 13:30 on January 5, 2014, the Defendant: (a) destroyed vinyl and shocked to the extent that, in his/her hand, the wind door, which is the victim’s possession, destroyed vinyl and shocked, so that the water can be repaired by tearing.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each written statement of D and E;

1. A written diagnosis of injury;

1. On-site photographs;

1. Seizure records;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of a photograph of seized articles, and attachment of a photograph of the body of the victim);

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury) and Article 366 of the Criminal Act (the occupation of causing bodily injury and the choice of imprisonment);

2. The former part of Article 37 and Article 38(1) of the Criminal Act among concurrent crimes.