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(영문) 대구지방법원 의성지원 2014.04.17 2013고단258
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Punishment of Violences, etc. Act (a collective injury, etc., with a deadly weapon, etc.) and D are married with the defendant, and the victim C (the age of 84) is a person living in adjoining the defendant;

At around 12:00 on April 18, 2013, the Defendant: (a) taken the Defendant’s house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and (b) taken the Defendant’s house to the Victim’s house located in F, for the reason that the Defendant did not have any farming equipment such as Homi, etc. where the victim was found and was at the home of the victim.

The Defendant, together with D, inflicted injury on the victim, such as an excellent 4 balance of 4 balance of 4 balance of dunes that need to be treated for about five weeks, by citing stone with a stone with a dangerous object, which is a dangerous object, D when the head of the victim can be cut, and the Defendant was faced with the victim by means of pushing the victim's chest part of the victim with a stone with a stone, which is a dangerous object in his possession.

Accordingly, the defendant, in collusion with D, injured the victim by carrying dangerous articles.

2. On April 29, 2013, the Defendant: around 18:17, 2013: (a) extracted the victim’s house at the house of the said victim C by taking advantage of the gap in the victim’s house, and then stolen the victim’s house at the market price of KRW 2,000,000.

Summary of Evidence

【Fact of Paragraph 1 at the Time of Sales】

1. Police suspect interrogation protocol regarding C;

1. The investigation report (related photographs);

1. Two copies of a medical certificate, and a certificate of medical treatment (the fact of paragraph (2) in the market);

1. Legal statement of witness G;

1. Application of photographs, CD (CCTV)-related Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 3 of the Criminal Act, Articles 257 (1) and 30 of the Criminal Act, and Article 329 of the Criminal Act concerning the crime;

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 201Do148, Apr. 1, 201

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

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