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(영문) 광주지방법원 2015.02.12 2014고단4993
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

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. Around June 17, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective assaulting with a deadly weapon, etc.) committed assault on the victim’s head on the ground of an empty beer who was in danger of chemical warfare, and committed assault on the victim’s head on the part of the victim’s head when the victim E (58 years of age) took a bath to the promise that the victim E (the victim of 58 years of age) would die with tobacco obtained.

2. Around June 10, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) threatened the said victim by stating that “the said victim shall die,” on the ground that the said victim’s house was taken from the stairs going to the house of the said victim F of Seo-gu, Seo-gu, Gwangju, and the second floor, for the foregoing reasons, and that the said victim’s house was taken in the kitchen, which is a dangerous thing for the said victim.

3. Around June 11, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc. with deadly weapons, etc.), around 01:05, on the ground that the Defendant was at the house of the said victim F of the Seo-gu F of Gwangju, Seo-gu and the second floor, and caused the kitchen knife, which is a dangerous object, to the extent that the said victim did not unbuck for the said reason, the kitchen knife was displayed once every time to the port where the said victim’s buckbucks in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Articles 283 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Articles 257 (1) of the Criminal Act;

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. The scope of recommendations for sentencing under Article 62-2 of the Criminal Act of the community service order is recommended.

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