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(영문) 창원지방법원 마산지원 2012.03.09 2011고단136
도로교통법위반(음주운전)등
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Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for five months.

Reasons

Punishment of the crime

[2011 Highest 437]

1. At around 20:15 on June 10, 2010, Defendant A and E use a toilet located in the same building as the above frequency, the Defendant and E use a knife (16cm in total length) which is a dangerous object in the above frequency due to the victim G (the age of 57)’s refusal to use a toilet, respectively. The Defendant assaulted the victim’s inner part on one occasion with a knife and right-hand drinking on the victim’s side knife, while the Defendant assaulted the victim’s inner part on one occasion with a knife knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant and E assaulted the victim by carrying dangerous objects jointly.

2. Defendant B: (a) knew of the date and time as indicated in the above Paragraph (1) above, and at the same place as indicated in the foregoing Paragraph (1) above, the Defendant cited knife in the Defendant’s store while G and Silvied, and concealed the knife from the above A and E to the Defendant’s store by removing any unfavorable evidence and threatening G; and (b) saving the knife from the above A and E.

Accordingly, the defendant destroyed evidence on the criminal case of others.

Summary of Evidence

[2011 Highest 437]

1. Defendants and E’ partial legal statements

1. Each legal statement of the witness H and G;

1. Partial statement of the witness A;

1. A protocol concerning the examination of suspect by the prosecution against the defendant A or G (including the cross-examination);

1. The prosecutor's statement concerning H;

1. Application of Acts and subordinate statutes on police statements made to G and H

1. Defendant A of the pertinent law on criminal facts: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, Articles 2(2) and 2(1)1 of the Punishment of Violences, etc. Act, Article 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1)1 of the Criminal Act, Article 260(1)2 of the Criminal Act, Article 155(1) of the Criminal Act (a) of the Criminal Act

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. As to the crime of destroying evidence by Defendant B, who is selected as a punishment.

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