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(영문) 부산지방법원 동부지원 2014.04.02 2013고단3011

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

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 of the final judgment.

Reasons

Punishment of the crime

1. On September 24, 2013, at around 07:05, the Defendant: (a) expressed that he did not repay the amount of KRW 12,00,000 in the residence of the victim D (here 54 years of age) located in Busan metropolitan Daegu C on the ground that he did not repay the amount of KRW 12,00,000; and (b) assaulted, by one hand, the victim’s breast at his own hand, she saw the victim’s breast at a time when she saws the victim’s breast, she saws the victim’s head head her upper part of the body; and (b) embling the victim’s neck, etc. with a saw.

2. The Defendant destroyed and damaged property by throwing away from the market value owned by the victim on the date and time under the above paragraph (1), at the same place, on the ground as above, one stormer, one cosmetics, and swine spawn on the floor.

3. Around September 14, 2013, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) said victim’s dwelling room, which was investigated by the police station pursuant to the above paragraphs 1 and 2 of the above paragraphs, the Defendant collected the kitchen knife (5 cm, 33 cm) of the victim, which was a deadly weapon in the kitchen chill, in hand, and laid the kitchen knife (5 cm, 5 cm in length, 33 cm in length) of the victim’s clothes and left part of the knifbbbbbbbbs each once, and 10 m in which the number of days of treatment cannot be known on the part of the knifbbbbbbbbbs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation report (not appended to a medical certificate);

1. Investigation report (in the same situation, etc.);

1. Application of Acts and subordinate statutes to a report on investigation (in the case of an investigation on the upper part of a victim);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1), Article 260 (1), and Article 366 of the Criminal Act concerning the crime;

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

1. The defendant under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation reflects the crime of this case as a primary offender, and the victim.