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(영문) 부산지방법원 2014.03.13 2013고단9494
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 is a person who resides in the second floor of the victim D(51) in Busan Dong-gu C.

1. Around 00:10 on November 7, 2013, the Defendant: (a) damaged the victim’s house glass door on the part of the victim’s house, where the victim was dissatisfied with the fact that the victim’s opening of the house was clicking, and the noise was clicking, then the Defendant destroyed the victim’s house glass door.

2. The Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) at the time, time, and place mentioned in paragraph (1) as mentioned above, with two kitchens (29cm in length, 32cm in length) which are dangerous things at the Defendant’s house located on the second floor when the said victim resisted of the shoulder, and let the victim, who was trying to display the above knife on the two hand, with one kitchen knife in which the victim’s knife can't know of the number of days by making the left part knife with the number of days so that the victim’s knife can't know of the number of days. On the back part, the Defendant continuously snife from the victim E (41) and knife the knife knife knife in which the victim’s knife knife would cause the victim to avoid it.

Accordingly, the defendant carried a kitchen, which is a dangerous thing, and inflicted an injury on the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 4);

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of causing bodily injury with a deadly weapon), 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Jan. 3, 201).

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