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(영문) 전주지방법원 군산지원 2015.05.27 2014고단1079
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

The defendant is a seafarer who works together with C and Victim D (year 26) as a deserting resident in North Korea.

1. On August 22, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), at the house of the owner of the ship in the Gunsan-si E, Gunsan-si, C, after deducting himself, she boomed the Defendant, who frighted with her, and her frighted with her, and her frighted with the Defendant, who was a dangerous object in the kitchen, and her boomed with her her fright and her boomed with C.

Accordingly, the victim puts his arms, and the defendant, the defendant, and the defendant called the victim's eyebrow part once on the part of the victim's eyebrow, and the victim "I wish to die".

Accordingly, the defendant carried dangerous things with the victim about two weeks of treatment, and had an open wound around snow and snow that require treatment.

2. Around August 18, 2014, the Defendant violated the Punishment of Violences, etc. Act (the Defendant) carried a knife, a lethal weapon (24 cm in length) and a dracker (25 cm in length) with a dangerous object, in order to threaten C at the places indicated in paragraph (1) above, without justifiable grounds, and carried the knife in the vicinity of the coast from the said place.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or G;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014; hereinafter the same shall apply), Article 257 (1) of the Criminal Act, and Article 7 of the former Punishment of Violences, etc. Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for each crime is added up);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the consideration given in favor of the fact that the degree of damage is not excessive, such as the fact that the degree of damage is not excessive);

1. The conditions in favor of the latter part of Article 62(1) of the Criminal Act;

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