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(영문) 부산지방법원 2013.05.29 2012고단9587
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

except that 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. Around October 22, 2012, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc., with deadly weapons, etc.) committed a beer disease on the part of the victim who was in singing, on the ground that the victim D (the age of 44) who was in singing was deprived of the Defendant, taken away the stamp of the Defendant, which was a dangerous object on his/her customer, by gathering beer's disease, which was a dangerous object on his/her customer, leading the victim to the beer.

As a result, the defendant puts the victim into a sprink with which the number of days of treatment can not be known.

2. Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) was committed by the Defendant on behalf of 42-person TV monitors owned by the victim E, the owner of the instant C or E, on the ground of gathering beer and beer World Cup, which is a dangerous object on his or her customer at the time and place under paragraph (1).

Accordingly, the Defendant destroyed and damaged the said TV monitoring so that the repair cost of KRW 473,00 is 473,000.

Summary of Evidence

1. Defendant's legal statement;

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

1. A photograph of the upper part of the victim D;

1. Application of the written estimate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act concerning the punishment of a deadly weapon;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (abaging, not requiring the victims to be punished, and radius);

1. Article 62 (1) of the Criminal Act;

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