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(영문) 의정부지방법원 2013.11.25 2013고단3525
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 8, 2013, around 23:55, the Defendant took a bath to the victim on the ground that the victim, while drinking alcohol together with the victim E (the victim E (the age of 34) of his/her own and D marriage at his/her ward (the age of 34) in the ward in the city of the Government of Gyeonggi-do (collective, deadly weapons, etc.) and drinking alcohol, the victim took a bath to the victim on the ground that he/she talks about his/her marriage issues of himself/herself and D, and he/she took two scopies on the floor in alcohol, and again took two scopies on the floor, which are dangerous things in alcohol again, she took the victim back, and she took the part of the therapy on the treatment days, and caused the victim to tear.

2. The Defendant damaged the property of the victim by putting the victim E’s alcoholic beverage possessed at the same time and at the same place as referred to in the preceding paragraph, putting the victim E’s alcoholic beverage at a fluorial fluor, breaking the fluoral fluor at the market price and fluor at the fluoral fluor.

3. 폭력행위 등 처벌에 관한 법률(집단ㆍ흉기 등 협박) 계속하여 피고인은 전항의 일시 장소에서, 위 D이 피고인을 말리자 다시 그곳에 있던 위험한 물건인 가위를 오른손에 들고 피해자의 얼굴을 향해 내리찍는 시늉을 하면서 달려들어 피해자를 협박하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of statutes on site photographs;

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, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, Article 36 of the Criminal Act, Article 36 of the Criminal Act;

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.

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