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(영문) 서울남부지방법원 2016.02.17 2015고단2295
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 15, 2015, at around 19:00 on March 15, 2015, the Defendant: (a) found the Defendant’s house from the stairs of the Defendant’s house located in Yangcheon-gu Seoul Metropolitan Government; (b) found the Defendant’s house; (c) found the Defendant’s house and the Defendant’s wife; and (d) saw the Defendant’s garris (17Cm in the knife length of the knife), with the Defendant’s house to “a knife a knife a knife and knife a knife, if any.”

“In doing so, the knife knife knife was flife under the margin of the victimized person, and the end part of the knife was flife of the injured person.

계속하여 피고인은 피해 자로부터 손등을 잡혀 피해자와 같이 구르는 바람에 칼을 바닥에 떨어뜨린 후, 마침 집으로 돌아 온 E과 피해자가 옷을 잡고 실랑이를 하는 것을 보고는 발로 피해자의 턱 부위를 2회 차고, 등 부위를 4회 걷어찼다.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. On March 15, 2015, at the same place as Paragraph 1, around 19:20 on March 15, 2015, the Defendant: (a) reported that the victim F, the mother of D, who was under contact with the said D, will carry out the above E and franc; and (b) made the victim’s side knife set of Section 1, which was located on the floor, one time to put the victim’s side knife into the left-hand part of the knife that requires treatment for about 14 days to the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the defendant in the first trial record;

1. Statement of examination of the witnessF of this court;

1. Each police statement made to D or F;

1. Police seizure records;

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

1. Article 261, Article 260 (1) (a) of the Criminal Act (a point of special assault and choice of imprisonment), Article 258-2 (1) and Article 257 (1) (a point of special bodily injury) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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