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Reasons
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(영문) 수원지방법원 성남지원 2015.08.21 2015고단1054
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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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 of the final judgment.

Reasons

Punishment of the crime

The Defendant was living together with the victim C from May 2014 to October 2014.

1. Around 01:20 on June 15, 2015, the Defendant violated the Punishment of Violences, etc. Act (a deadly weapons, etc.) inflicted injury on the victim C’s house located in Gwangju-si, on the part of the victim C in his/her business issues and money, who was killed and discarded, and threatened the victim with his/her high face, which is a dangerous object, caused injury to the victim in the number of days of treatment.

2. Around 08:30 on June 15, 2015, the Defendant, in violation of the Punishment of Violence, etc. Act (Intimidation, etc.) sought again at the home of D Victim C in Gwangju-si, Gwangju-si, stating that the Defendant threatened the victim by saying, “I want to die or I will die?? I want to die?? I want to die???? I think of the relationship with E, the president of the customer, who is the president of the place of business, within the city, and face the metal side of the keys for the vehicle, which is dangerous to the victim.”

3. Damage to property;

A. At the time and place specified in Paragraph 1, the Defendant destroyed the undeveloped property in the market by walking the victim’s stuffs, etc.

B. At the time and place specified in Paragraph 2, the Defendant destroyed the undeveloped property at the market price by walking the victim’s cryp, etc. from the location and place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Statement to C by the police;

1. On-site photographs at the case;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act; Article 366 of the Criminal Act; Article 366 of the Criminal Act;

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 of the Criminal Act:

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