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(영문) 춘천지방법원 강릉지원 2014.11.21 2014고단865
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 9, 2014, at around 20:50 on April 20, the Defendant listened to the victim D (the age of 56)’s house located in the East Sea C, that is, “knife knife knife knife knife” from the victim D, and knife knife knife knife knife knife knife knife knife knife knife knife knife kn

The defendant continued to speak of the victim E (M, 55 years old) who is the spouse of the victim D, and the victim E (M, 55 years old) was drinking once.

As a result, the defendant carried dangerous articles with D and put about 3 weeks into brain sugars that require them, and suffered double sprinke damage that requires approximately 2 weeks of treatment to victims E.

2. The Defendant: (a) at the foregoing time and at the same place, at the market price, put one of the foregoing fluorites owned by the victim E, broken the front door windows; (b) broken one of the ma in a fluorous window at the market price, 150,000 won of the market price, and broken up five of the market price’s aesthetic part by hand.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Witnesses D and E's respective legal statements;

1. Each written diagnosis (D, E);

1. On-site photographs and damaged photographs (the defendant and his defense counsel asserted that the defendant did not leave the victim's face at his/her own discretion and did not take the victim's head due to his/her oral illness. However, according to witness D and E's testimony, etc., according to the witness D and E's legal statement, the defendant's face as stated in the judgment, referring the victim's face as his/her hand, and sufficiently recognizes the facts at the time of the victim's head as stated in the judgment, such as facts constituting the crime in question, can be recognized).

1. Relevant Article 3(1) and 2(1)3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 366 of the Criminal Act (the point of causing bodily injury, the choice of imprisonment), Article 366 of the Criminal Act.

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