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(영문) 창원지방법원 진주지원 2014.04.15 2013고단1290
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for one year.

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. At around 13:00 on December 6, 2013, the injured Defendant: (a) brought an injury to the victim D (the age of 42) living together with him/her for a period of several years at the location of his/her dwelling at Jinju-si, who did not enter his/her dwelling at the end of his/her dwelling; and (b) carried his/her arms and legs in plastic wings, thereby getting out of his/her arms and legs for treatment days; and (c) brought an injury to him/her on his/her arms and legs.

2. Around 18:00 on December 6, 2013, the Defendant, who violated the Punishment of Violences, etc. Act (collective assault, deadly weapon, etc.), was accommodated in the Fnbnbhouse 205 room located in Jinju-si E, and was drinking together with the said victim during drinking together with the said victim. However, the Defendant: (a) the victim was able to take the face of the victim by hand; (b) the victim was able to take the bridge of the victim by a prone of the dangerous object; (c) the victim was flbling the victim’s bridge; (d) the victim was flicked with the dangerous object; and (d) the flbnbnbs the empty disease.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act that prescribes the punishment for an offense, and Articles 3 (1), 2 (1) 1, and 260 (1) of the Punishment of Violences, etc. Act (a point of violence against carrying dangerous articles);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant committed the instant crime in spite of the fact that the Defendant had been punished several times for the same kind of crime, and committed the instant crime again, and threatened the victim with the threat of his/her injury, etc. However, there are unfavorable circumstances such as the Defendant’s awareness of the instant crime and is in a profoundly against the Defendant, and the Defendant is a victim who unclaimed without permission in order to think the victim as a de facto wife and continue his/her living together.

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