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(영문) 서울서부지방법원 2013.03.28 2013고단54
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

On April 6, 2012, the defendant of criminal records was sentenced to 8 months of imprisonment with prison labor or 2 years of suspended execution for a violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) in the vice branch of the Incheon District Court. The judgment becomes final and conclusive on April 14, 2012 and is currently in the grace period.

Criminal facts

1. On January 10, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) and the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc.) (a collective injury, deadly weapons, etc.) around 22:15, 2013, on the ground that the victim D (the age of 52) located in Yongsan-gu Seoul Yongsan-gu) does not get out of female helper, the Defendant sent the knife or the knife to the left knife of the knife, which is a deadly weapon, and 12 centimeters in length (the length of the knife, the knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

2. The Defendant damaged property at the above date, time, and place 5 times, so that the victim knife the five knife of the five knife knife in order to open the knife of the five knife by leaving the knife in several times, so that the knife amount equivalent to 50,000 won of the repair cost may be damaged.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of D police statement;

1. Each investigation report and on-site photographs;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the occupation of an injury to carry a dangerous object), Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act concerning the crime;

1. Imprisonment with prison labor chosen;

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