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(영문) 청주지방법원 충주지원 2015.06.05 2015고단79
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 03:50 on December 21, 2014, the Defendant, in violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) directed E, a child of the Defendant, within the D convenience store located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant, under the influence of alcohol, threatened the victim by using the Defendant’s vehicle that was parked outside of the convenience store for the reason that the victim F was able to “whether he/she was a child of his/her mother-gu,” and her desire to see “Is the Defendant’s governance,” and by using the Defendant’s vehicle that was parked outside the convenience store, who was a dangerous object in his/her place, threatened the victim in a manner that seems to have a knife a knife.

2. Violation of the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.) committed a violation of the said date and time, at the said place, the Defendant brought a knife, which is an dangerous thing of the Defendant, and brought a knife to F, and tried not to put the knife the knife in order to get the knife back, and put the victim’s left hand on the knife and knife the unclaimed knife of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning G and F;

1. Seizure record and list;

1. Application of the relevant Acts and subordinate statutes to each photograph, report on generation, situation report, CCTV images CD, and each investigation report;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object); Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act (the occupation of threatening to carry dangerous articles);

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 (including the violation of criminal conduct and the victims' punishment are not applied);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Confiscation of the Criminal Act;

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