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(영문) 의정부지방법원 고양지원 2013.06.28 2013고단730
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 7, 2013, at around 21:19, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) (around May 7, 2013: 10, at the front of the residence of the victim, the Defendant met D, a previous wife, and discovered the victim E (the age of 45) who was married with the previous wife, and was in custody in the Defendant’s vehicle, while the latter was in a timely manner, and took the kitchen (the blade length: 23.5 cm, the total length: 35.5 cm) of a deadly weapon, which was in custody in the Defendant’s vehicle, in his/her hand, and displayed the victim several times, but the victim was not able to escape and escape, but did not commit an attempted crime.

Accordingly, the defendant attempted to injure the victim by carrying a deadly weapon.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) at the same time and at the same place as the preceding paragraph, citing the brick, which is a dangerous object in the surrounding area, the victim’s escape, and the victim’s front and rear glass, etc., parked at the parking lot, carried the victim’s front and rear glass, etc., and broken off.

Accordingly, the defendant carried dangerous articles and damaged the victim's property to be 1,091,108 won of repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Police seizure records;

1. Application of Acts and subordinate statutes concerning photographs of damaged vehicles, kitchen photographs, kitchen photographs, photographs, and vehicle estimates;

1. Articles 6, 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 257 (1) of the Criminal Act (the point of attempted bodily injury resulting from carrying dangerous articles), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Recognizing that the accused under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is wrong;

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