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Reasons
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(영문) 대전지방법원 논산지원 2016.02.16 2015고단533
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. Around 03:00 on February 17, 2013, the Defendant intruded into the E office operated by the victim D, which is equivalent to KRW 800,00,00 in the market price; one monitor at a level of KRW 200,000 in the market price; 1,50,000 in the electric column at a level of KRW 180,00 in the market price; 2, 3, 15,000 in the market price; 1,50,000 in the electric wire at a level of KRW 15,00 in the market price; 20,000 in the market price; and 5,205,200 in the aggregate of the victims’ property at a level of KRW 5,20,00 in the market price.

2. On July 21, 2015, the Defendant: (a) around 16:0, Namwon City F and 203, the Defendant had gone to a three-day work site; (b) on the ground that the victim G (n, 50 years of age) living with himself/herself was bad; (c) taken a hand-to-face of the victim’s body with his/her hand, taken a hand-to-face of the victim’s body; (d) taken a hand-to-face of the victim’s body; (e) took a hand-to-face of the victim’s body; (e) took a hand-to-face of the victim’s body; and (e) took a hand-to-face of the victim’s head; and (e) carried the victim’s two-day treatment on the part of the victim’s head.

3. On July 21, 2015, at around 16:20, the Defendant, at the place indicated in paragraph (2) around 16:20 on July 21, 2015, expressed the victim’s behavior, namely, “the dead person.....” and, at the same time, expressed the victim’s left hand, expressed the victim’s behavior.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to G or D;

1. Protocols of seizure, list of seizure, and damaged photograph;

1. Investigation report prepared by the police (to attach photographs of fraud and cups used by the victim while assaulting the victim);

1. A written diagnosis of injury;

1. Investigation report prepared by the police (specific vehicles);

1. Car inquiry and application of Acts and subordinate statutes of the original register of motor vehicle registration;

1. Relevant legal provisions and choice of punishment concerning facts constituting the crime;

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