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(영문) 창원지방법원 마산지원 2014.09.30 2014고단672
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. Around 23:45 on June 4, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) : (a) around the street parking lot located in the 7rd of the fishing market in the Masan-si, Changwon-si, Changwon-si; (b) obstructed the vehicle of the victim C (25 years old); (c) obstructed the vehicle of the victim (153cc in length) driving, which is dangerous articles; and (d) caused the victim to get off from the said vehicle; and (d) cut off one part of the victim’s left shoulder with the wooden machine.

As a result, the Defendant carried dangerous objects and carried them for about two weeks, thereby breaking up the shoulder and the arms that need to be treated.

2. On June 5, 2014, at around 00:05, the Defendant voluntarily accompanied the patrol lane by the victim E (the age of 48) who is a police officer belonging to the Masan Police Station Diplomatic Police Station, called the Defendant’s report at around 00:05, and obstructed the lawful performance of duties regarding the handling of the instant report by a police officer who was sent to the Defendant on one occasion at the time of the said report by the said C, and carried out an interview with the victim on the front of the 111th police box, which was located in the front of the Masan-si, Masan-si, Changnam-si, Changwon-si, Changwon-si, Masan, without any particular reason, without any specific reason.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes governing medical certificates, appraisal commission and consultation;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Article 136 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; Article 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 37 of the Criminal Code among concurrent crimes.

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