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(영문) 창원지방법원 진주지원 2013.05.14 2013고단387

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for six months.

However, 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

On January 15, 2013, at around 16:40, the Defendant: (a) took a dangerous object that was prepared in advance for the reason that the victim D (WW, 43 years of age) did not find a guest with his own name in the Eda operated by the Cheong-gun, Cheongnam-gun; (b) 300,000 won at the front glass of the car at the entrance of the victim owned by the victim; (c) 16:40,000,000 won at the front glass of the car at the market; and (d) 250,000 won at the multiple market price at the above tree bar.

Accordingly, the defendant carried dangerous articles and destroyed the property equivalent to 1.2 million won in total, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Seizure records;

1. Each receipt; and

1. Application of Acts and subordinate statutes to photographs of seized articles and field photographs;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 366 of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act (the occupation of violence to carry a deadly weapon);

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration of the points agreed upon);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 48 (1) of the Criminal Act of confiscation;