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(영문) 청주지방법원 충주지원 2015.07.10 2010고단478
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

At around 18:00 on May 23, 2010, the Defendant: (a) laid off one of the daily strings (11cm in blade, 21cm in total length) that was a dangerous object prepared in advance by the victim D, which was operated by the victim D, for the reason that the victim was not exposed to the smuggling’s wage, and threatened the victim with excessive strings by taking up one of the daily strings (11cm in blade, 21cm in total length) as the victim’s strings.

The Defendant: (a) the Defendant laid a stone with a stone string, which is a dangerous object that the victim was shot back and was shot; (b) laid a string in the string glass, 1.60,000 won of repairing expenses; (c) laid a stone with a stone string on the part of the victim, such as “the string string string string string string string string string string string string string string string string string string string string string string string string string 2,30,000 won of repairing expenses; and (d) damaged the victim with a string string string 2,000 won of string string string string string and string string string

As a result, the defendant injured the victim with dangerous things, and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the statement in D)

1. Statement made to D by the police;

1. Seizure record and list;

1. A written diagnosis of injury and written estimate;

1. Application of Acts and subordinate statutes to each investigation report (including attached documents);

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act (the occupation of causing bodily injury on a dangerous object);

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. The suspended execution is against the crime of Article 62(1) of the Criminal Act, and the victim.

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