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(영문) 창원지방법원 통영지원 2013.09.26 2012고단769
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 22:00 on December 13, 2012, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) discovered that the victim D withdrawn nine million won from the National Bank Maspbook in the name of the Defendant without the consent of the Defendant at the victim D's house located in Gosung-gun-gun, Gonam-gun, the Defendant got aware of the fact that the victim D withdrawn nine million won from the head of the National Bank Maspbook in the name of the Defendant without the consent of the Defendant, and the dispute occurred, the Defendant laid the lid of the victim D's head into the hands of the lid, which is a dangerous thing in the middle of the kitchen, and laid the victim D's head one time, and put the victim D head into the hands of the dangerous thing in the middle of the kitchen, which is about two weeks.

2. Around February 16, 2012, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) expressed the attitude of the Defendant, i.e., the victim E, the mother of the Defendant, at the victim’s house located in the victim’s house located in the preceding paragraph, as seen in the preceding paragraph, that the Defendant “Hano, anywhere, anywhere, anywhere, if you come to do so, Hano, Hano, and Hano, who was a person in the Hano, perforth, Hano,” and expressed the attitude that the Defendant would inflict any harm on the victims by putting the gab, which is a dangerous object under the shock, into head.

Summary of Evidence

1. Statements of witnesses D in the second protocol of the trial, and statements of witnesses E in the third protocol of the trial;

1. Each fact-finding report by the head of the F Hospital;

1. A written appraisal;

1. Application of Acts and subordinate statutes to each investigation report (Attachment to the upper part, photograph of the criminal implements, opinion of intention, etc.);

1. Articles 3 (1) and 2 (1) 3 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) 1 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 of the Criminal Act for discretionary mitigation.

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