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(영문) 부산지방법원 2012.11.08 2012고단7197

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

1. On September 1, 2012, around 03:17, the Defendant assaulted the victim on the ground that the victim resisted the Defendant, without paying the taxi fee on the ground that the destination differs, on the front of the Busan Franchisc pharmacy (the age of 59).

2. On September 1, 2012, the Defendant violated the Punishment of Violence, etc. Act (collective violence, deadly weapons, etc.) brought an dispute with the Victim G, the mother of the victim E, who is the victim E, in the course of the victim E, going through the process where the Defendant wants to take the F, which is a child born between the victim E, at the former victim E (here 35 years of age) located in the Busan Coast-gu, Busan, about 06:45, about September 1, 2012, the Defendant tried to put the victim E with a knife of 18cm length, which is a dangerous object located in the victim E, and tried to put the victim E, who tried to put the knife of knife of knife in the latter part of knife.

Accordingly, the defendant assaulted victims of dangerous articles in a knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of E, G, and D;

1. Police seizure records;

1. Investigation report (Evidence, 30 pages, 64, 75, 103 pages, 103);

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 260 (1) of the Criminal Act (a point of violence with carrying dangerous objects), and Article 260 (1) of the Criminal Act (a point of violence and choice of imprisonment with labor);

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders are as follows: (a) the defendant is arrested as a victim D and then released by the police after being investigated by the police; and (b) the victim E and the victim E.