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(영문) 춘천지방법원 강릉지원 2015.11.27 2015고단928
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around July 5, 2015, the Defendant 17:35, the Defendant laid the galle in a ward of “D” company accommodation located in “D” company accommodation in C, and she saw the victim’s words “I will drink?????????????????????????????????????????????????????????????????????????????????????????????????????????’

Summary of Evidence

1. Defendant's legal statement;

1. E statement among the police interrogation protocol of the accused;

1. Police suspect interrogation protocol regarding E;

1. Application of relevant Acts and subordinate statutes of the relevant photograph and written diagnosis of injury;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of this part of the facts charged is that the defendant injured the victim as stated in the facts charged in its holding, carrying a small team, which is a dangerous thing.

2. Determination

A. “Dangerous articles” under Article 3(1) of the Punishment of Violences, etc. Act includes all articles that can be widely used to inflict harm on human life and body even if they are not deadly weapons. As such, not only the articles made for the purpose of killing and destroying, but also the articles made for other purposes, if they are used to inflict harm on human life and body, they shall be deemed “Dangerous articles” under the above provision (see, e.g., Supreme Court Decision 97Do597, May 30, 197). Whether they constitute “Dangerous articles” under the above provision ought to be determined depending on whether the other party or a third party may cause harm to human life or body if they are used in light of social norms in specific cases.

(See Supreme Court Decision 2008Do2074 Decided May 15, 2008, etc.). B.

(e).

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