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(영문) 전주지방법원 2013.03.25 2012고단2884
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)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 of the final judgment.

Reasons

Criminal facts

At around 22:08 on September 10, 2012, the Defendant: (a) discovered that wife B had winded; (b) had drinking alcohol at home; and (c) had taken place at Jeonju-si Dental 220 in order to talk with the Defendant’s wife; (b) however, the Defendant reported and opened the entrance to the Defendant; (c) had the entrance set up in excess of 17cc in danger (17cc in length, 29cc in length); and (d) had damaged the entrance owned by the operator E of the above hospital in excess of 250,00 won in repairing the entrance of the said hospital; and (d) the Defendant continued to contact the Defendant that the Defendant f (35 years of age) had taken a knife at the hospital; and (e) had taken a knife at the hospital, and (e) had received the knife of the said dangerous article from G, i.e., the Defendant’s 200.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning G and F;

1. Written estimate and on-site photographs;

1. Application of police seizure records and list statutes;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Crimes, Article 366 of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act concerning punishment of crimes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Confiscation.

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