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(영문) 대전지방법원 공주지원 2013.04.19 2013고단46
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

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. Violation of the Punishment of Violences, etc. Act;

A. On February 10, 2013, the Defendant: (a) around 20:30 to 22:05, at the EPC room operated by the victim D (the age of 34) who is located in Sinju City, caused the Internet gambling game to lose an amount equivalent to KRW 20 million; (b) the Defendant demanded the victim to return 3 million won to the head office of the game company; (c) however, the victim refused the request of the victim to return 3 million won to the head office of the game company; (d) once the victim's face face is left due to drinking; and (e) one time after the face face was flick, which is a dangerous object in the PC with his/her hand, one time after the face was flicked.

B. On February 11, 2013, around 13:15, 2013, the Defendant demanded money from the victim in front of the F building B Dong in the official building, but the victim refused it, and the victim refused it, and the hack pipe (a total length approximately 60 cm) which is a dangerous object prior to preparation, led the victim to the head of the victim. However, the victim prices the victim’s left part by preventing it from having his/her left part.

Accordingly, the defendant carried dangerous objects and carried them up to the left-hand side in need of treatment for about two weeks.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) demanded the victim money at the time and place set forth in paragraph (1) of Article 1, but was refused, and the Defendant destroyed the property equivalent to KRW 810,000 in total at the market price of the victim’s possession, by taking three computer monitors and the computer body, which are dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Medical record books of the emergency department of a G hospital, requests for cooperation in investigations, replies to requests for cooperation in investigations, and reports on investigations (verification of details of diagnosis);

1. Written estimate of damage from Epis;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes governing the upper part of the photo description, photo description-D;

1. Criminal facts;

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