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(영문) 부산지방법원 2015.03.27 2014고단9885

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

A seized improvement (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The Defendant was suspected of having a de facto marital relationship with the victim C (n, 52 years of age) and 5 years of age, who was living in the same house and was in a de facto marital relationship with the present house, and the victim, who was operating Mabbbbbbbbbling house, leased a building from around 20 days before Gangseo-gu D, and was suspected of having a ground and winded.

On December 4, 2014, around 21:50 on December 21, 2014, the Defendant thought that the victim, who purchased articles necessary for the business, was the owner of the land and the Defendant of the dangerous articles that he prepared in advance (29cm in the color of the improvement, 21cm in the length of the improvement). Around 21:50, the Defendant saw that the victim, who purchased articles necessary for the business, was the owner of the land and the Defendant. The Defendant breaddddddddd the victim’s face, and breadddd the victim’s face, with the improvement cited as the victim’s breath, “the wind-down or the death of the weather break, and the breath in the length

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. C’s legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and C;

1. Investigation record of seizure;

1. Matters related to the investigation report (number 1, 22), 112 report;

1. Application of the existing Acts and subordinate statutes to a confiscated one (No. 1);

1. Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014); and Article 260(1) of the Criminal Act (see, e.g., Supreme Court Decision 200Da12896, Dec. 30, 201); and Article 260(1) of the Criminal Act regarding criminal facts (see, e.g., Supreme Court Decision 200Da12634, Apr. 1, 200)

1. The circumstances of the defendant, such as the fact that the victim does not want the punishment of the defendant and the victim want to take the measures, the relationship between the defendant and the victim, and the circumstances leading to the defendant in this case, under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.