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(영문) 대전지방법원 2015.06.17 2015고단538
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

The defendant and the victim C(n, 66 years old) are neighboring residents.

1. On November 23, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. causing damage and damage, etc.) caused by frequent dispute over the victim’s house in Daejeon-gu D, Daejeon-gu around November 21, 2014 with the victim’s house, resulting in the frequent dispute between the victim and the victim and the victim, thereby getting off the victim’s house, which is a dangerous object in preparation for the loss and loss of the entrance of the victim’s house in the market price in which the victim owns

2. Violation of the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.) expressed the victim’s desire to take care of the damage as stated in paragraph (1) at the time, place, and the victim resisted from the damage as stated in paragraph (1). In light of the loss described in paragraph (1), which is an article dangerous to the left part of the victim, the victim was sleeped for about seven days in the area of snow pool and snow room.

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. C’s legal statement;

1. Damage photographs (the fact of No. 2 on the market);

1. C’s legal statement;

1. A criminal investigation report (medical records and photographs of a victim);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The facts of committing a crime under Article 3(1) and Article 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014); Article 366 of the Criminal Act; Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act (amended by Act No. 12896, Dec. 30, 2014) of the relevant Act on the Punishment of Violences, etc. [the defendant and his/her defense counsel] of the crime of violation of the Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014); however, the defendant and his/her defense counsel do not claim that the victim was committed at once in violation of the Punishment of Violences, etc. Act.

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