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(영문) 수원지방법원 안양지원 2015.04.30 2015고단112

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On December 12, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.) was able to take a bath while drunkly in the “Evis points for the operation of the victim D (the age of 52) operated in Ansan-si C” during the period of massing around 20:30 on December 12, 2014, the Defendant dumpeded the victim, who was a dangerous object on the table one time to the face of the victim, and dumped the victim for approximately three weeks of treatment.

2. In the date and time set forth in the preceding paragraph, at a place where the victim F (n, 42 years of age) who is an employee was able to restrain the defendant, the victim’s head and knee part was cut up to the floor by knife the victim’s head and kne part, and the victim was in need of approximately two weeks’ treatment.

3. The Defendant destroyed the property damage by gathering the time and time set forth in paragraph (1), the breath, reflector, etc., which was under the influence of alcohol at a place, and breaking it on the floor, thereby damaging the victim D’s market price at a total of KRW 5,150,000,000, and destroying the wind, reflector, etc.

4. The Defendant interfered with the business of interfering with the business of interfering with the business of the victim D by force by putting about 20 minutes of his/her happiness, such as the time, time, and place specified in paragraph (1), taking sound, taking a bath, and attaching his/her equipment, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Each police statement made to F and D;

1. Photographss, etc. on damaged parts;

1. Application of Acts and subordinate statutes to details of each injury diagnosis certificate and damage estimate;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 36 of the Criminal Act, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 314 (1) of the Criminal Act concerning the punishment of crimes;

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

1. Article 53 of the Criminal Act for discretionary mitigation.