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(영문) 수원지방법원 성남지원 2016.07.27 2016재고단6
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

Reasons

Punishment of the crime

1. Special intimidation;

A. At around 05:30 on September 30, 2012, the Defendant, while under the influence of alcohol to D located in Jung-gu Incheon Metropolitan City, and committing assault, without any justifiable reason, by cutting off and scambling the flap of the victim E (41) who is an employee, other employees met the knife of the knife of the knife, and entered the Plaintiff’s own bank, thereby threateninging the knife (37.5 cm in total length, 23.5 cm in length, knife in length), and threatened the victim, such as the victim’s knife by sound, and driving away the victim.

B. At around 06:10, the Defendant continued to use the F convenience store located adjacent to the above D and expressed the above frequency and expressed a knife to the victim G (56 years of age) and expressed a knife, and threatened the victim by using the knife and sound, etc., if he does not hear his knife.

2. On November 27, 2012, around 17:20, the Defendant used a pipe (120cm in length) which is a dangerous object for the reason that the Victim J (31)’s operation of digging-out on the front side of “I”, the Defendant, a Defendant’s residence in Gwangju-si, Gwangju-si, would be slicking, and suspended the operation at the time of digging-out operated by the damaged person, and then put about approximately 10 times the victim’s upper-out selling of the victim who was landed from the digging-out season to undergo approximately 2 weeks’ treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to J, E, and G;

1. Investigation report (suspects 119 and transmission);

1. A written diagnosis of injury;

1. Application of damaged photographs, on-site photographs and statutes;

1. Articles 284, 283(1) (a) (a special intimidation or choice of imprisonment), 258-2(1) and 257(1) (a) of the Criminal Act concerning the facts of the crime in question;

1. Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014) that was applicable to the instant crime on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes committed a crime under Article 283(1) of the Criminal Act by carrying a deadly weapon or other dangerous articles.

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