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(영문) 수원지방법원 평택지원 2014.05.01 2014고단264
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

[Criminal Power] On August 21, 2007, the Defendant issued a summary order of KRW 500,000,000 to the Busan District Court for the crime of injury and damage to property, etc. 4 times the same power.

【Criminal Facts】

1. Around 23:10 on September 13, 2013, the Defendant: (a) opened a door to the victim D(37 years old); (b) opened a door to the victim D; and (c) took the victim’s desire to talk with the victim “Isknis, several times,” and brus, “Is the victim’s left head,” and (d) took the victim’s face one time by hand. The Defendant, who was able to kill the Defendant’s flick, flick at approximately six times in the face of the victim’s head, which is a dangerous object in the above flive room (60cm in length).

As a result, the defendant carried dangerous objects with the victim about three weeks of medical treatment, which requires two-time medical treatment.

2. The Defendant violated the Punishment of Violences, etc. Act (the destruction and damage, etc. of a deadly weapon, etc.) caused the destruction of the studio window at the time and place specified in paragraph (1) by again breaking the atmosphere, which is a dangerous object that the said D does not open the door at the above studio, and then putting the studio window at the market price of 2.50,000 won owned by the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of police statement of D or E;

1. A written diagnosis of injury;

1. Application of related Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the occupation of and injury to carry dangerous articles), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act for a crime;

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. The sentence of Article 62(1) of the Criminal Act is identical to the previous sentence.

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