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(영문) 창원지방법원 통영지원 2015.04.29 2015고단248
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for five years.

One piece of the seized concrete structure (No. 1) shall be forfeited from the accused.

Reasons

Criminal facts

1. On March 19, 2015, at around 17:00, the injured Defendant requested the victim E (the age of 81) who is a neighboring resident of the Defendant located in Da, or the victim demanded the victim to be frightened to build a building on the land owned by the Defendant outside third village located in the vicinity of the said residence. However, on the ground that the victim was unfrightened and refused to fright down, the victim’s body was frightened by double hand and frightened up two times the victim’s body and frightened up two times the victim’s body, and frightened the victim’s side back to the left part of the water be treated for about six weeks.

2. Around March 20, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) (around 13:30 on March 20, 2015, in front of the Defendant’s residence, the victim F (n, 73 years old), who is the spouse of E as of the preceding E, inevitably listened to the community that the Defendant used violence to E, as in the preceding paragraph, and was frightened to the village, the Defendant was found to work as a dry field and collected waste concrete (a) (a) that is a dangerous thing at which the victim would have been living, 46cm in length, 49cm in thickness, 5cm in thickness, and 20km in weight) and added 5 times in order to the head, breast part, and arms part of the victim’s residence, and added a chest body that must be treated for about 4 weeks for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, G, H, I, and F;

1. Each report on investigation;

1. Each injury diagnosis letter;

1. Each photograph;

1. Application of existing Acts and subordinate statutes of one piece of the seized concrete structure (No. 1);

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense (the point of injury to E), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the point of special injury to F) of the same Act;

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

1. Confiscation Article 48(1)1 of the Criminal Act

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