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(영문) 창원지방법원 거창지원 2014.12.10 2014고단298

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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A defendant shall be punished by imprisonment for not less than eight 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

1. Around 00:40 on June 12, 2014, the Defendant violated the Punishment of Violences, etc. Act (the destruction and damage, etc. of a deadly weapon, etc.) (the crime of destruction and damage, etc. of a deadly weapon) and attached a copy of the free market price of 40,000 won at a cafeteria operated by the victim C (nive, 49 years of age) of the Gohap-gun-gun-gun-gun, the Defendant and a third party on the ground that the victim did not take the part of the Defendant, on the fighting with the Defendant and the third party.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. The Defendant, at the above time and at the above place, destroyed the above D cafeteria entrance door, and removed the corrective device by placing the hand, and intruded into the D cafeteria used by the victim for residence.

3. The Defendant violated the Punishment of Violences, etc. Act (a collective violence with a deadly weapon, etc.) committed an assault by gathering shots, sporads, sporads, and sporads, which are dangerous objects to the victim for the same reason as paragraph (1).

In this respect, the defendant carried dangerous objects and assaulted the victim.

4. In the above date, time, place, etc., the Defendant: (a) plucked the victim’s hand by plucking, plucking, and plucked the victim’s hand, thereby causing injury to the victim, such as salt bars in both sides of the locking part, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of investigation reports (in cases of attaching on-site photographs), injury diagnosis certificates, and Acts and subordinate statutes on receipts;

1. Relevant Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act regarding criminal facts, Article 366 of the Criminal Act, Article 319(1) of the Criminal Act, Article 319(1) 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.