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(영문) 창원지방법원 밀양지원 2014.02.06 2013고단526

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

1. Around 07:50 on September 25, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) stated that “A victim E (the age of 58) had a sexual intercourse with the wife for drinking a scam for ten years prior to the 10-year-old period,” but the victim was aware of the Defendant’s wife and denied it, and the victim was aware of the Defendant’s wife’s wife’s wife, and then, the Defendant continued to sell the victim’s face at one time with a knife (the knth length, 2cm in total, 6cm in total length), which is a dangerous object in his/her table, by taking the knife’s hand in his/her left hand, and continued to read “a knife the knife with a knife, discarded, dead, etc.” and sold the victim’s hand in his/her knif.

2. Violation of the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc. damage) caused by the Defendant’s act such as the date and place mentioned in paragraph (1), and the victim E’s act as described in paragraph (1) caused the Defendant’s scook car, which is a dangerous object in which the victim’s scook car was in a way that scook car was in a way that scook scook car was destroyed by the Defendant’s act.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Photographs of the damaged site;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act concerning the punishment of a deadly weapon;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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