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(영문) 광주지방법원 해남지원 2013.03.28 2012고합81
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:00 on June 3, 2012, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) committed two open measures that require treatment for about 14 days to the victim, who was suffering from dangerous things that the victim kidddd in his/her table while talked about F and his/her business in the “Ecafeteria” operated by the victim D (In this case, 55 years old).

2. Destruction, damage, confinement, confinement on property;

A. On June 17, 2012, at around 05:00 on June 17, 2012, the Defendant: (a) at the 6 main point of “I” location in the operation of the Victim H located in the Namnam-nam Navy G, the Defendant damaged the alcohol value by leaving one unit on the floor when the victim’s market value was 30,000 won, which was placed on the table of the consignee; (b)

B. On the same day, around 05:10 on the same day, the victim J (L, 36 years old), who was in the waiting room of the said main room, was able to take the left hand of the victim H (L, 53 years old), and taken the victim H (L, 51 years old) into the above main room 6th of the day following the day of 05:47, by means of threatening the victims to “hingly, hingingingly, hinginginging, health, and hinginginginging, hinginginginginging, hinginginginging, preventing the victims from leaving the entrance, keeping the victim away from the entrance, pushing him/her, and preventing him/her from leaving the entrance. During that process, the victim J suffered injury, such as hingume, etc., which requires treatment for about seven days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to D, H, J, and K;

1. Each written diagnosis of injury to D or J;

1. The application of Acts and subordinate statutes on internal investigation reports (related to attachment of photographs) and receipts;

1. Article 3(1) and Article 2(1)3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257(1) (a) of the Criminal Act, Article 366 of the Criminal Act, Article 276(1) of the Criminal Act, Article 276(1) of the Criminal Act, Article 281(1) of the Criminal Act, and Article 281(1) of the Criminal Act concerning criminal facts;

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