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(영문) 춘천지방법원 강릉지원 2015.03.19 2015고단78
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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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

The defendant is between the victim C (n, 42 years of age) and the area of the order of Gangnam-si, which is located in the direction of the defendant.

On January 27, 2015, around 02:10 on May 27, 2015, the Defendant sought as “E” where the victim had worked as the head of office, and then failed to repay the loan of KRW 3 million, followed by whether the victim was the victim’s pooling and finding the Defendant, and the Defendant went back to delivery in front of the instant karaoke.

While the Defendant has been in a dispute with the victim at that place, the Defendant saw knife a knife a knife (20cc in knife, total length 32cc in knife), which is a dangerous object that has been prepared in his/her knife to his/her knife and knife in his/her knife and knife in his/her knife and knife in his/her knife.

The Defendant continued to resist the above knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Accordingly, the defendant, carrying dangerous articles, assaults the victim, and injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Seizure records;

1. Application of each statute on photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime (the point of injury and the choice of imprisonment with labor);

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes within the scope of adding up the long-term punishment for the crime of violating the Punishment of Violences, etc. which is heavier than the punishment) of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Confiscation Article 48(1) of the Criminal Act

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