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(영문) 청주지방법원 충주지원 2016.06.10 2011고단658

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized one knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[Relationship between the Defendant and the Victim] The Defendant was engaged in e-mail at the agricultural product building site operated by the Victim C (42)

person is a person.

[2] On July 27, 201, at around 08:50, the Defendant committed a crime of cutting down the parts of the victim who was seated on his left arms and cutting down the 2-3 minutes to 2-3 minutes on the ground that the victim did not pay 140,000 won.

As above, the Defendant stated that “I will well throw away ear and knife knife knife knife, which is an object dangerous to the victim’s knife with his left arms,” and that “I will well throw away ear and knife knife.”

Then, the defendant damaged the back knife of the car owned by the victim by the above knife so that the repair cost can not be known by 10cm tear.

The defendant, carrying dangerous articles, assaults the victim, and damaged the victim's property.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to C;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Articles 369(1), 366 (a), and 366 of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: (a) in light of the form of the Defendant’s act of assaulting the victims while carrying a knife with him and destroying a set of automobile, the risk is large; (b) the Defendant did not make all efforts to recover damage from the instant crime; and (c) the Defendant was in favor of the Defendant’s escape without attending the trial date to avoid criminal punishment: The Defendant recognized the instant crime at the investigative agency.