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(영문) 전주지방법원 남원지원 2013.07.09 2013고단91
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)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. Around 11:40 on February 8, 2013, the Defendant violated the Punishment of Violence, etc. Act (a collective injury, etc. with a deadly weapon, etc.) (around 1:40, the Defendant considered the victim D (n, 62 years of age)’s “E” restaurant operated by the former Northern-gun C, and considered that the victim her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her), thereby

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., damage, etc.) caused the destruction of its utility by cutting down the flowers with plastic wills equivalent to KRW 100,000 in the market price owned by the victim D and the iron pipe, which is a dangerous object in advance, at the same time and place as the above paragraph (1).

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes, such as a written injury diagnosis and photograph (investigative record 41 pages);

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 366 of the Criminal Act (the occupation of causing bodily injury on a dangerous object);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) 1.

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