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(영문) 창원지방법원 마산지원 2013.06.26 2013고단358
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

Defendants shall be punished by imprisonment for one year and six months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

E knowing that the victim F(28 years of age) was engaged in the usual Internet sports earth gambling and has a lot of money with high interest rate, E, from August 201 to December 201 of the same year, he was 120,000,000 won, which he had been holding as a means of investment solicitation from August 2, 201, and 30,000 won from Defendant A, 50,000 won from Defendant B, and 95 million won from G, respectively, and invested 295,00,000 won in total to the victim.

However, the victim appropriated a considerable amount of the above investment money as a living cost, and the remaining amount was betting on the Internet sports soil, but all the investment money was blick, so the defendants were willing to recover the investment money from the victim.

1. At around 20:00 on June 16, 2012, Defendant B inflicted an injury on the victim’s left arms on two occasions due to the camping net, which is a dangerous object, at the first school playground in Changwon-si P, Changwon-si H, and on two occasions, on the part of the victim, Defendant B caused the victim’s injury, such as having the victim take a hole at the left arms and bucks.

2. At around 01:00 on June 25, 2012, Defendant A inflicted an injury on the victim F by stating that “I am flusium known to the Defendant, I would do not see the victim’s knife, knife, knife, knife, and knife” on the part of the victim F. The victim’s knife caused the victim’s knife at one time with a view to buckbbbbbbbbing, and caused the victim’s knife at one hole of the dangerous object.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to report on investigation (related Acts and subordinate statutes concerning appraisal and commission by the F for a victim);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act;

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