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(영문) 창원지방법원 통영지원 2013.04.23 2012고단1048
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

During the period of drinking alcohol, the Defendant thought that he was assaulted in the past Cnonorm bank, or thought that he was obsting in the above Cnorm bank.

1. At around 02:00 on November 9, 2012, the injured Defendant changed the knife to the victim E (the 56-year-old age) with a knife with a cromatic room, but the victim’s knife with no knife was pushed off several times by hand and carried the victim’s knife with a knife “no knife,” and suffered injury, such as light knife, which requires approximately two weeks of treatment to the victim by hand.

2. The Defendant: (a) destroyed the property by getting off the floor on the ground that the victim E reported to the police station at the time and place specified in the foregoing paragraph (1) by hand on the ground that the victim E reported it to the police station; (b) 30,400 won of the market price owned by the victim; and (c) thereby destroying the victim by getting off the floor and taking a

3. Around November 9, 2012, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) said that, at the Cnonobya, the Defendant, at the Cnobya (the age 41), carried out home (the total length of 25/1) a dangerous object carried by the victim F (the age 41) at the D main points referred to in the above paragraph (1) in the fluence of the family money in the fluence of the fluence, and continued to said period, said flussium, which is a dangerous object to the chest part of the victim G (the age 40) who is a customer to flusing it, said flusing him and said flusium “the fluor”.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of Acts and subordinate statutes to an investigation report (Attachment to an injury diagnosis statement and written estimate);

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act (the point of intimidation to carry a deadly weapon) of the choice of a punishment for an offense;

1. Article 37 of the Criminal Code among concurrent crimes.

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