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(영문) 수원지방법원 안양지원 2014.05.08 2014고단389
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 10:55 on February 24, 2014, the Defendant: (a) threatened the victim with the second new construction site of D office building D in Mapo-si, Sinpo-si, Sinpo-si, with the victim E (year 45) who was working together; (b) was in dispute due to the difference between opinions and the victim E (age 45) who was working together; (c) deducted the net value, which is a dangerous object used in Hupo-si; and (d) told the victim to display the dangerous object in Hupo-si, thereby threateninging the victim.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) took place at the same time and place as described in paragraph (1), as described in paragraph (1), and went through dispute with E, from the victim F (the age of 47) of E, the Defendant intending to listen to the desire of “this ring,” which is a dangerous object from us, and then deducted the metal tool (the “one-time labor”) which is a dangerous object from us, and put the victim into brains in need of approximately three weeks medical treatment by taking the head of the victim once.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning E and F;

1. A written diagnosis of injury;

1. Application of statutes on the photograph of the case

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles); Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on carrying dangerous articles);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Articles 55 and 55 (1) 3 of the Criminal Act (the first crime committed by the accused and agreed with the victim F)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for discretionary mitigation)

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