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(영문) 광주지방법원 목포지원 2013.08.01 2013고단760
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is a foreigner of his nationality of the Philippines, and is a legal stay resident who entered the Republic of Korea as non-professional employment (E-9) on May 1, 2013.

The Defendant committed assault, around June 2, 2013, at the front of the road in Yong-gun, Yong-gun, Yong-gun, Yong-gun, on the front of June 18:23, 2013, the Defendant used two 쇠 pipes (one 140cm in total length, one 95cm in 1, one 95cm), a dangerous object in which Koreans had chemicaled on the ground that Koreans play in her own, a foreigner, on both hand, and used a hack pipe owned by the victim C (ma, 66 years in South and North) (i.e., the victim) who was parked in the front of the road. The Defendant assaulted the victim C (ma, 66 years in the front of the road) with a free will and a slidr to the hick pipe, such as the victim’s shoulder and hick.

As a result, the Defendant, carrying the hack pipe, which is a dangerous object, damaged the victim C’s knife of the driver’s seat of the car and the hacker’s knife to repair cost of KRW 2.80,000,000. In addition, the Defendant inflicted injury on the victim, including the right-side hacker, which requires treatment for about six weeks

Summary of Evidence

Application of the Act and subordinate statutes to the defendant's legal statement, the police statement of C with regard to the crime, the tools of crime and photographs of damage, the records of seizure, estimates, and the written injury diagnosis.

1. Destruction and damage of dangerous articles related to a crime: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act: Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act;

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

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act.

4. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., circumstances favorable to the foregoing and the fact that the crime is committed in depth, the psychological status of the defendant, and the fact that the defendant will be forced to leave in

5. Article 48 (1) 1 of the Criminal Act to be confiscated;

6. Dismissal of an application for compensation;

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