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(영문) 대구지방법원 경주지원 2013.09.16 2013고단489
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 December 9, 2009, the defendant obtained permission to possess air guns from the chief of the police station for the purpose of remedying harmful water.

around 22:00 on May 10, 2013, the Defendant expressed the victim E (the age of 51) and drinking within the D Scki in Pck-si, Sim-si, and brought the air gun to 5.0m, which is a dangerous object inside the Defendant’s cargo vehicle, on the ground that the victim took a bath for the victim E (the age of 51) and drinking, and that the victim resisted to half.

In addition, the defendant got the victim of the air gun that has already been charged with ball cartridges, and the defendant launched the air gun between the time when the victim gets the gun and gets the gun.

As a result, the defendant used the above air gun, which is a dangerous object, to inflict injury on the victim about seven weeks of need to be treated at the left-hand level, such as the 2nd pelle executive officer, open pulverization, etc., and used the above air gun, which is a gun, for other than permitted purposes without justifiable grounds

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to F and E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) 1 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 73 subparagraph 1 of the Control of Firearms, Swords, Explosives, etc. Act, and Articles 17 (2) of the Control of Firearms, Swords, Explosives, etc. Act;

1. From among concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act. Article 50 (Limits to Aggregate of Long-Term Punishment)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Article 55 (1) of the Criminal Act)

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

1. Social service order under Article 62-2 of the Criminal Act;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

The Institute of Jind Co., Ltd.

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