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(영문) 의정부지방법원 고양지원 2015.02.06 2014고단2483
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 shall be confiscated.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant, at around 21:10 on August 11, 2014, had two knife (15cm length, 27.5cm in length) for slaughter, which is a dangerous object stored in the Defendant’s house in the vicinity, on the ground that the members of the above church had garbage accumulated in the land leased to the Defendant. After having two knife (15cm in length, 27.5cm in length) to the above knife F (33 years in length) of the above knife in the above knife, it appears that the victim C(34 years in age) would pose a threat to the above knife of the victim. In compliance with the above knife, the victim C (34 years in age) puts the Defendant’s knife and 1 knife the above knife and knife part of the knife's left part of the victim’s knife.

As a result, the defendant carried dangerous articles and threatened the victim F with intimidation, and brought the victim C with a secret wall that requires approximately two weeks of treatment.

Summary of Evidence

1. Part of the defendant's legal statement (the fact that knife the victim F and the fact that knife the victim C);

1. Each legal statement of witness F, C and G;

1. Police seizure records, list of seizures and photographs of seized articles;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment of photographs of a victim's injury);

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act concerning a crime;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Not only Article 32(1) and (2), and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation, but also seek mental damage and interest in arrears.

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