2014 Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.), width

Violation of the Act on the Punishment, etc. of Forced Crime (Destruction and Damage of Registered Weapons)

2) Violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)

Intrusion)

A

The type of prosecution (prosecution) and the previous trial (public trial)

Attorney B (Korean National Assembly)

January 29, 2014

A defendant shall be punished by imprisonment for two years.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Criminal facts

From July 2010, the Defendant had been living together with the victim C (here, 51 years of age). However, around December 21, 2013, the Defendant avoided the Defendant from living together with the victim C (the age of 51). Although the Defendant was living with the victim C on December 21, 2013, the Victim C did not appear at the place of promise, and the victims did not look at the place of promise, and the victims did not live with the same.

On January 12, 2013, 23:30 on 23:30 on 201, the Defendant: (a) extracted mini, which is a dangerous object from the Defendant’s vehicle ( approximately 150 cm in length, hereinafter referred to as “clutin”) and carried with a deadly weapon, and found in the house of the victims in lightyang E apartment 207 dong 1005 at 100 m30 m30,000 in the market price, and infringed upon the victim’s residence by using the lutin.

The Defendant reported to the police that the victim D was damaged due to the absence of the victim's house, and the victim D was unable to flee, such as breathing the Defendant's breath, etc., and the Defendant left the victim D's back due to the omission cited by the Defendant. The victim C, who was in the next place, was fluoring the victim's left hand, cut off the victim's right end and d's left hand, cut off the victim's right end and left hand, and cut off the victim C with approximately four weeks of medical treatment, and suffered injury to the victim D in the second core fluor and the new fluor, which require approximately four weeks of medical treatment, and suffered injury to the victim D in the second core fluoral and the new fluoral fluor, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. The police seizure record and the list of seizure;

1. On-site photographs, investigation reports (Attachment of CCTV images) and investigation reports (Attachment of a medical certificate);

Application of Statutes

1. Article applicable to criminal facts;

Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 319 of the Criminal Act, Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (a) of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

The defendant's criminal law is very dangerous, the victim's house is planned by preparing tools in advance, and the victim's house is more severe, and substantial damage recovery was not granted. Considering the fact that the defendant requested the victim C who already faced with the crime of this case to return back to the victim, and that the defendant was going to escape after committing the crime of this case, and that it appears that he/she made a intimidation call to the victim C, the defendant shall be sentenced to punishment. Provided, That the defendant is against the defendant, there was no record of punishment for violent crime within 10 years, and that the victims do not want the defendant's punishment, the punishment shall be determined like the order.

judges as such.