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(영문) 춘천지방법원 2013.04.11 2012고단1015
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Punishment of Violences, etc. Act and the Punishment of Violences, etc. Act (a group, a deadly weapon, etc., an injury), and violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, etc., threat);

A. At around 18:40 on May 2, 2012, the Defendant: (a) demanded the Victim D(43 years of age) located in Gangseo-gu Yang-gun C to capture the victim’s bat around the house; (b) on the ground that the victim refused the request, the Defendant fat the victim’s bat around the house of the victim D (43 years of age); (c) fat the victim’s bat, which is a dangerous thing in the said place, fat the victim’s bating the victim’s bat, and fat the wall (ro 20 cm, length 9 cm, height 5 cm), fat the bat, which is a landscaped thing in the said place, and fat the part of the victim E (age 70 cm, height 10 cm) to fat the victim’s bat at one time.

As a result, the defendant, carrying dangerous objects, assaultsd the victim E, and inflicted an injury on the victim E, such as 20 days of medical treatment.

B. The Defendant: (a) took a kitchen knife, which is a lethal weapon, from the Defendant’s house located in the Yang-gu, Yangyang-gu, Yangwon-gun, both of which are located in F; and (b) took a knife with the victim D and the knife, which was resisted by E; and (c) on the ground that the victim G (the age of 43) was flifeed due to the victim’s flife while escaping from the victim D, the Defendant flife the above knife with the victim G on the ground that the victim G (the age of 43) was flifeed; and (d) continued to drive the victim D, the Defendant flifeed the victim D with the above knife with the victim D.

Accordingly, the defendant, carrying a deadly weapon, threatened the victim G and assaulted the victim D.

2. On May 23, 2012, the Defendant: (a) found the house of the Victim G located in Yangyang-gu, Yangwon-gun, Yangyang-gu, Yangwon-gun, and caused the damage to property worth KRW 400,000 at the market price, which is owned by the victim, by putting the front door door of the victim’s house at one time as he was in a nearby place.

Summary of Evidence

1. The defendant;

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