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(영문) 부산지방법원 2015.01.29 2014고단9193

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:50 on September 13, 2014, the Defendant requested the victim C, who was a modern Asian apartment in 218-dong, Busan, Busan, and had lent money and alcohol value, etc. on his own, but the victim refused this request, the Defendant saw the food knife (20cm in length on the back part of the knife), which was a deadly weapon that was hidden in the back part of the knife, and cut off two times by the part adjacent to the knife.

The defendant, carrying a deadly weapon, assaults the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (on the spot the collection of knife);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 260 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that no additional damage has occurred to the victim, reflectivity, volume in home, etc.);

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;