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(영문) 서울중앙지방법원 2012.09.07 2012고단2711
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 00:00 on April 20, 2012, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed assault by the victim D (Nam, 22 years of age) who waiting for a taxi, on the ground that he neglected the Defendant’s “Sari 2 Sariland Sariland Co., Ltd.” on the ground that he was disregarded by the Defendant, “Sari 20,000 Sariland,” putting about approximately 170cm in length, which is a dangerous object to be used for taking the surrounding street trees in both hands and hand.

2. On April 20, 2012, the Defendant continued to commit a violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.) on or around April 20, 2012, at around the bus stop located in the Jung-gu Seoul Central Office bus stop, the Defendant: (a) saw that the pedestrian signal in the crosswalk near the Seoul Central Office bus stop turn on; and (b) while crossing the road without permission for crossing the road, the victim E (ma, South and 31 years old) driven a F rocketing and other car while crossinging the road to the crossing, operated the road without permission; and (c) caused the loss of the repair cost to the extent that the repair cost is needed, such as making the victim E (ma and 31 years old), a wooden machine (170 centimeters in length), which is a dangerous object, cut off on the front glass of the affected vehicle, and caused a damage to the property to the extent that the repair cost is needed.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Photographs of the injured part of the victim;

1. Application of Acts and subordinate statutes to criminal tools and photographs destroying and damaging vehicles;

1. Articles 3(1) and 2(1)1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes; Article 260(1) of the Criminal Act (the occupation of an act of assaulting carrying dangerous objects); Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act (the occupation of destroying or damaging dangerous objects);

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

1. The fact that the defendant, under Articles 53 and 55(1)3 of the Criminal Act, led to the confession and reflect of the crime, and the same kind of punishment.

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