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(영문) 의정부지방법원 2015.03.20 2014고단4180
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 May 18, 2013, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) committed a string of the following day from around 0:00 to around 01:0, at the office of Guri-si C 6th, and at the office of Guri-si C, the victim F (the victim F (the 9 years of age) who is an infant of the E in the same occupation at that time was willing not to study. Bring, the Defendant 1 was sleeped with the victim’s ambry and the ambring net of dangerous things, where the victim’s ambherth and the ambring net of dangerous things cannot be known when the number of days of treatment is approximately approximately 50cm.

2. The Defendant in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) threatened the victim with his/her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Each written confirmation of G, H and I;

1. Stenographic records of the saw Support Center of Gyeonggi-do North Korea (victim's statement);

1. Application of Acts and subordinate statutes to photographs of homicides;

1. Articles 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 (the occupation of inflicting bodily injury on a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act (the occupation of threatening to carry dangerous articles);

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. In light of the fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, although the defendant was the purpose of decoration, a child, who is merely nine years of age, is threatened with a deadly weapon, and seriously assaults with a view to causing bodily harm, which led to the occurrence of mental shock caused by the victim, and that it has not yet been used by the victim, etc., the nature of the crime is serious.

However, the defendant himself.

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