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(영문) 대구지방법원 2015.03.26 2014고단6117
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)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 14, 2014, at around 14:00, the injured Defendant: (a) committed a conflict with the victim D (the 39 years of age) who was found in the Defendant’s residence in Daegu Suwon-gu C; (b) went against the victim’s head by putting him/her up his/her head at his/her visit by putting him/her up his/her head, and (c) put him/her into a stroke for approximately two weeks of treatment.

2. Violation of the Punishment of Violence, etc. Act (collective violence, deadly weapons, etc.) committed a violation of the above paragraph (1) by driving a motor vehicle, which is a dangerous object, in order to prevent the victim from driving in front of the motor vehicle driven by the defendant in front of the defendant's residence and to demand the return of the cell phone owned by the victim, thereby making the victim go to the victim, and making the victim go to the front of the motor vehicle booms, and having the victim go beyond the floor.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

3. Around October 21, 2014, the Defendant: (a) destroyed and damaged property on the ground that D does not open doors at the same place as the above paragraph (1) at around October 21, 2014; and (b) destroyed and damaged the glass door owned by the victim E by the victim; and (c) accompanied by the kitchen in the kitchen.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness D's legal statement (a witness D's statement is generally consistent and its credibility is recognized in light of the fact that the statement does not coincide with the investigative agency's statement in detail, but the circumstances leading up to the statement and the existence of the contents thereof, etc.);

1. On-site and photographs of the upper part of the victim;

1. Application of the provisions of the Act and subordinate statutes to the inquiry report of fact (record paper, records of proceedings, details of proceedings, and emergency records)

1. Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014); Article 260(1) of the Criminal Act (the act of assaulting carrying dangerous objects); and Article 257(1) of the Criminal Act concerning criminal facts.

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