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(영문) 서울동부지방법원 2013.12.27 2013고합300
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for one year.

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 October 9, 2012, the Defendant violated the Punishment of Violences, etc. Act (collectively weaponed weapons, etc., damage, etc.) reported to the victim D (V, 50 years old) located in the Songpa-gu Seoul Metropolitan Government C apartment 101 and 203 at the home of the victim D (F, 50 years old) and reported that the victim was stuffed in the singing singing for the operation of the Defendant and was investigated by the police officer on the ground that he was dispatched to the Defendant and was investigated by the police officer on the ground that he was called “I reported, dead, and dead.” On the ground that he was under investigation, the Defendant was accompanied by a telecommunication kick, which is an object dangerous for preparation and was installed in the ward, and caused damage to the property in the city by getting 3 and 4 times away from the ward.

2. The Defendant violated the Punishment of Violence, etc. Act (collectively weapon, etc.) committed assault to the victim on the same date, time, and place as set forth in paragraph (1) at the same time, and on the same ground, committed assault to the victim.

3. Around October 9, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Refence, etc.) found again at the home of the above victim, and, as seen above, the victim tried to kill the victim for the purpose of retaliation against the provision of the investigation warrant in connection with the Defendant’s criminal case, and committed assault against the victim one time by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of E and F;

1. The application of Acts and subordinate statutes to a report on mobilization of a case under violation of the Punishment of Violences, etc. Act, a record of seizure and a list of seizure, a criminal investigation report (field photographs, motion pictures and audio-recording files), a photograph of damage, a record recording and a report;

1. Articles 3(1) and 2(1)1 of the relevant Act on the Punishment of Violences, etc., Article 3 of the Criminal Act, Article 366 of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act concerning the crime;

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