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(영문) 창원지방법원 마산지원 2013.07.10 2013고단372
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Punishment of Violences, etc. Act (damage of property, such as a deadly weapon), around 14:30 on March 15, 2013, the Defendant destroyed the victim D (the age of 56) who scambling in front of the said house at his own house located in the Chang-si Mag-si, Magwon-si, Magwon-si, as well as the victim D (the age of 56) who was scambling in front of the said house, by scambling his bath, and by cutting off the entrance door (the length of 100cm, the diameter of 1cm) of the victim’s house, which is a dangerous object in the house, equivalent to 30,000 won in the market value, with the escape of 80,000cm in diameter (the length of

2. A violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) inflicted an injury on the victim during treatment days, such as tearing off the victim’s face in the front of the wooden door, which is a dangerous object, for the said reason, at the same time, at the same place as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal investigation (exploiting of field photographs);

1. Article 3 (1), Article 2 (1) 1, and 3 of the Punishment of Violences, etc. Act, and Articles 366 and 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of crimes, etc. committed);

1. Suspension of execution: Article 62 (1) of the Criminal Act (the points agreed upon and reflected in, etc.);

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