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(영문) 의정부지방법원 2013.09.03 2013고단2155
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 27, 2013, at around 10:35, the Defendant rejected the Defendant’s demand that the Victim F (Nam, 25 years of age) who was an employee in charge of the electric charges in the penta, located in the “D” road operated by the Defendant of Kangwon C, Korea Electric Power Corporation, pay the electric charges used in the penta, but did not pay the electric charges to the Defendant F (Seoul, and 25 years of age).

The Defendant: (a) made a kitchen, which is a deadly weapon, by using a kitchen outside the kitchen, and threatened the victim with “I will die when I am all the gold electricity”; and (b) made the victim’s hand flick and flick with the victim’s timber, and threatened the kitchen, which was used by the Defendant, with the victim’s hand, with a view to the victim.

As a result, the victim suffered bodily injury such as catitis that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant acknowledges and reflects his/her mistake and that the victim does not want the punishment of the defendant because he/she was smoothly agreed with the victim);

1. Article 62 (1) of the Criminal Act (resumed Circumstances in the past);

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

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