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(영문) 부산지방법원 동부지원 2014.06.18 2013고단2824
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On September 14, 2012, the Defendant was sentenced to imprisonment with prison labor for not more than ten months in Busan District Court on April 12, 2013, and completed the execution of the sentence.

At around 16:30 on July 30, 2013, the Defendant: (a) on the street in front of the dry line of “D” located in the Busan metropolitan area C, and (b) on the street, told the Defendant that the neighbor E and the Victim F (the age of 54) would bring in money to the Defendant’s mother and desire to bring about the Defendant’s mother; (c) threatened the Defendant with a deadly weapon (the blade length of 16.5cm) which was in the near place, and threatened the Defendant with the Defendant as with a hazardous weapon in the near place; and (d) threatened the Victim with a brut, which requires approximately two weeks of medical treatment.

Accordingly, the defendant injured the victim by carrying a deadly weapon.

Summary of Evidence

1. Legal statement of witness F;

1. A written diagnosis of injury;

1. Dangerous weapons and photographs;

1. Previous convictions indicated in judgment: To apply inquiry reports, the number and accommodation status of each individual, and investigation reports (verification of the expiry date of punishment) Acts and subordinate statutes;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The defendant and his defense counsel under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Although the summary of the argument is true that the defendant knife a knife a knife, the injured party's wife is merely that the injured party while having a knife a knife with the defendant, not that of the accused.

2. In light of the purpose of the Act on the Punishment of Violences, etc. and the purport of Article 3(1) thereof, “a person who commits the crime by carrying a deadly weapon or other dangerous articles” under Article 3(1) of the same Act refers to the case where a person carries a deadly weapon or other dangerous articles under “the intention to use” at the scene of the crime, or carries them with his body, and it does not include the case where a person is in possession of the deadly weapon or other dangerous articles, regardless of at least the crime, at the scene of the crime.

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