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(영문) 창원지방법원 통영지원 2013.11.07 2013고합34
폭행치사등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:38 on February 15, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) deemed that the victim F (the age of 46), the victim G (the age of 36), and the victim H (the age of 51) are saw saw saws at the E-gu head of the E-gu Party located on the fiveth floor of the D Building in Tong-young-si. On February 15, 2013, the Defendant saw the transition (the total length of 21.5 cm, the blade length of 11.5 cm: c) as a dangerous object being kept there, on a hand, the Defendant sawed the victim as “G Man-do,” and lowered the said transition three times into the table.

Accordingly, the defendant carried dangerous objects and threatened victims, respectively.

2. When the victim I (the 47 years of age) who is the main owner of the above party room located in the time, place, and the victim I (the 47 years of age), the defendant abusedd the victim by pushing the victim's chest with both hands, thereby getting the victim faced with the victim's head on the floor.

Summary of Evidence

[Judgment of the court below]

1. Defendant's legal statement;

1. Each legal statement of the witness F, H, G, and J;

1. The fact under paragraph (2) of this Article 【Investigation Report and Investigation Report (Attachment to a Do taken Do shot);

1. Partial statement of the defendant;

1. Each legal statement of the witness K, L, J, F, H and G;

1. Application of the second protocol of interrogation of the accused to the prosecution;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act as to the facts of the crime concerned, Article 283 (1) of the Criminal Act and Article 260 (1) of the Criminal Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) and a violation of the Punishment of Violence, etc. Act (a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) against the victim H with the largest criminal situation);

1. As to the crime of elective assault against punishment, choice of imprisonment;

1. From among concurrent crimes, the violation of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment heavier than that of imprisonment) shall be violated;

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