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(영문) 의정부지방법원 2013.04.25 2013고단543

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 11, 2013, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) in violation of the victim D (the age of 47) in the area of residence of the victim (the age of 5 and 802) in Namyang-si, Namyang-si, five and 802, and the above house with a joint heating structure, which was demanded by the victim to carry the heating of a badly bad and dangerous object, was killed by 3 km as his/her hand on the ground that he/she received a demand from the victim to carry the heating of a bad and dangerous object. In one time, the victim’s head part was 14 days, resulting in the injury, such as the damage of the victim’s two fess that require medical treatment.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) and damaged TV owned by the victim by putting a shoulder drum, which is a dangerous object, at the same time and at a place as in the preceding paragraph, for the same reason as in the preceding paragraph, toward TV in his/her residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to victim and field photographs;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act concerning the punishment of a deadly weapon;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) (see, e.g., Supreme Court Decision 2009Da11448, Apr. 2,

1. Article 62 (1) of the Criminal Act (resumed Circumstances in the past);