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(영문) 광주지방법원 2013.11.28 2013고단4258
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

1. On September 8, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) in a manner that the victim C (the age of 34) residing in the upper floor of the Defendant (the age of 34) produces noise between floors, while holding a deadly weapon, an excessive amount (around 22.5cm in total, about 11.5cm in length on a knife) and finding a first letter at the victim's house located in Gwangju Mine-gu 101-113, 113. After the Defendant kept a deadly weapon and invaded the victim's residence by opening the knife door and opening the victim's house and entering the victim's house.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), at the time and place specified in paragraph (1), and where the victim C knife the Defendant’s hand knife and pushed the Defendant, and knife the victim and knife in the corridor front of the victim’s house, the part of the above section, which was a deadly weapon, knife, which was knifeed by his hand, was placed on the side of the left side of the victim in need of approximately three weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Excessive and damaged photographs;

1. A medical certificate (C);

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (for the victim's upper part, etc., the victim's upper part);

1. Article 3 (1), Article 2 (1) 1 and 3 of the Punishment of Violences, etc. Act concerning the crime, and Articles 319 (1) and 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (hereinafter “Confiscation”) committed the instant crime by carrying not only the victim’s noise problem but also carrying excessive resolution with the victim, and accordingly, the victim suffered serious injury, and the victim’s mental impulse in the process is deemed to be serious and serious. As such, the Defendant is strictly punished.

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