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(영문) 수원지방법원 안산지원 2015.01.27 2014고단2676
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

The defendant, as a group of victims C (the age of 48) located in Ansan-si E, whose name the amount invested by the victim was not returned, the defendant sought the victim by saving knife a knife (the length of 30 cm) into the newspaper.

1. On August 5, 2014, the Defendant violated the Punishment of Violences, etc. Act (the act of causing damage to a deadly weapon, etc.) (the act of causing damage to a deadly weapon, etc.) collected the stones (15 cm, 10 cm, 10 cm in length) which is a dangerous object in front of the above E, and left a part of the back of the driver’s seat of the F Poter Cargo, which is owned by the victim and parked there, and caused a shoulder to the rear favorable part of the driver’s seat of the said Poter truck.

Accordingly, the defendant carried dangerous articles and damaged the cargo vehicle owned by the victim to be 50,000 won of repairing cost.

2. On August 5, 2014, at around 13:20, the Defendant entered the above E office in violation of the Punishment of Violences, etc. Act (a collective injury by deadly weapons, etc.) and took one knife (30cm in length) prepared in advance on the part of the victim’s clothes, and brought a threat to the victim by stating “the victim” as “the victim shall be discarded down, dead, and dead,” and then, the victim’s face was taken up two times in the back of the victim’s hair.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as an injury to the injured party, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. Each injury diagnosis report and medical certificate;

1. Photographs and credit card table;

1. Application of Acts and subordinate statutes to details reported 112 cases;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 366 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 (the occupation of injuring a deadly weapon)

1. Aggravation for concurrent crimes;

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