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(영문) 춘천지방법원 강릉지원 2016.03.31 2015고단1478
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 30, 2015, the Defendant: (a) passed in front of E operated by the victim D, the victim D in Gangseo-si, Gangnam-si, Gyeongne-si, which was located in the said store; (b) caused the damage to a specific property by gathering concrete bricks and ices ( approximately 30 cm in length) which are dangerous objects that were located on the surrounding floor and were located on the surrounding floor of the said store by putting the door door up to the reinforcement glass of the said store.

The defendant continued to open the above entrance and open the door, and up to string and breaking iron chairss, which are dangerous objects located at that location, and damaged the market price of approximately KRW 2,125,200, such as glass plates, office supplies, computer monitors, etc. on the book.

2. The Defendant, on the same date and at the same place as mentioned in paragraph (1) above, carried the face of the victim D (42 older) on both occasions on the following grounds: 5-6 occasions; 2-3 times away from the left side of the victim; 2-3 times away from the victim’s left side; and 3-day away from the victim’s left side, the Defendant continued to put about two weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes governing diagnosis certificates, estimates, and field photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 1 (2), 258-2 (1), 257 (1) (a point of special injury), 369 (1), and 366 (a) of the Criminal Act concerning the choice of punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applied to concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing provided for in Article 62-2(1) of the Criminal Act for the observation of protection and observation is that it is difficult to live in prison due to a mental fission who is sentenced to imprisonment for the same kind of crime in 2011 and has reached an agreement with the victim;

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