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(영문) 수원지방법원 2013.04.24 2012고단5546

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 May 2, 2012, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), at the home of the Defendant’s office located in Suwon-si C and 201 on May 2, 2012, the victim D (53 years of age) who was in a de facto marital relationship at the time was unable to return home as soon as possible, set off the entrance, and prevented the victim from entering the said house. In addition, the Defendant used golf bonds, which are dangerous objects stored in the said Empt in the said Empt in the said case, while driving away the victim and driving off the victim with the victim’s am with the said golf loans, and put the victim’s am and am together with the victim’s am in the days of treatment.

2. On November 12, 2012, the Defendant threatened the victim of the violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) at the Fbook store in Suwon-si, Suwon-si, a part of the victim D, who was in a de facto marital relationship at the time, did not receive the Defendant’s telephone, with the view that he was in a de facto marital relationship at the time, and the victim was exposed to a deadly weapon, etc., 12 cm with the victim in a mountain (12 cm in a knife length of the knife), and threatened the victim of the knife, who was a deadly weapon at the time.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A written statement of the G production;

1. Police seizure records;

1. Application of Acts and subordinate statutes to the criminal place, a report on emergency measures, a decision on urgent ad hoc measures, a report on investigation (general), a report on investigation ( telephone conversations of the victim), a report on investigation (temporary and change of the name of the victim),

1. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravated Punishment of Violences, etc. which is more severe than punishment)

1. Discretionary mitigation;