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(영문) 부산지방법원 2013.08.13 2013고단3517
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around June 20, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective confinement with deadly weapons, etc.) committed by the Defendant, at around 13:20 on June 20, 2013, the Defendant detained the victim, who was a female living together with the E-cafeteria operated by the victim D (the 50-year old-old) located in Busan, under the influence of misunderstanding that the victim was unable to have the wind with the male customer by blocking the entrance of the said restaurant, thereby locked the entrance of the said restaurant, “Isket, sket, sket, sket, sket, sket, sket and sket, sket, 33 cm in total length, 19 cm in a knife, knife a knife and knife the victim so that he could not get out of the restaurant.

2. Violation of the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.) was committed by the Defendant, at the above time and at the above place, by carrying a knife, which is an object dangerous to chemicalization, for the said reason, on a hand, with a knife of the victim D’s face, etc. taken several times, by drinking it, by which the victim’s knife knife knife knife of the Defendant’s knife knife knife knife knife knife knife knife knife knife, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 2 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 276 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act concerning the punishment of a deadly weapon;

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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing in Article 62-2 of the Criminal Act on Probation carry knife, which is a dangerous object, and confines the victim.

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