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(영문) 서울남부지방법원 2014.07.17 2014고단2001
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. On May 7, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) was demanded to pay KRW 41,000 of the drinking value by the victim D (the age of 54) operated by the victim D (the age of 54) in Geumcheon-gu Seoul Metropolitan Government.

The Defendant, while having reached a large amount of drinking value compared to the volume of drinking, said Defendant saw that he had a higher drinking, but caused an empty beer who was on the table on the ground that the victim did not perform drinking while having returned to his own, and broken off the beer’s disease, which is a dangerous object, and used the beer’s disease as his hand, and used the beer’s disease, which is a dangerous object, as his hand, and said that “the victim shall be discarded” to the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim D.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), at the same time, at the same place, and at the same time, the Defendant reported that the victim F (54 years of age) who is a customer said that the Defendant would escape the disturbance as above, and, on the ground that the Defendant said that “the victim F (54 years of age) would be said to be “the soon as it is”, she walked to the toilet with an empty beer disease, and she saw up to three times the victim’s face to the back head.

Accordingly, the defendant carried dangerous objects and carried them for about three weeks, resulting in a heat for the victim's treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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