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(영문) 의정부지방법원 2013.11.21 2013고단3702
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 2, 2013, at around 20:55, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), the Defendant inflicted an injury on the victim, such as tearing the number of days of treatment, when she saw that the victim E (the age of 35) who is an employee of the same household did not have any brush, for the reason that he/she did not have any brush, on the ground that the victim E (the age of 35) who was an employee of the same household did not have any brush.

2. The Defendant causing property damage, while making a verbal dispute with E at the above time, at the same place as above, destroyed the victim F’s interest in front of the victim F’s dhop, by breaking away the beer’s disease, and destroying it so that the repair cost equivalent to approximately KRW 500,000,000 of the victim F’s dhop.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Each statement of E and F preparation;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of causing bodily injury with a deadly weapon), Article 366 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 201; Supreme Court Decision 2009Da1248, Apr. 2, 20

1. Article 62 (1) of the Criminal Act (The repeated consideration of the circumstances specified in the preceding sentence);

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