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(영문) 창원지방법원 거창지원 2014.04.23 2013고단74
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. On January 18, 2013, at around 02:11, 201, the Defendant damaged the property to the extent that the repair cost was KRW 18,000,000, by drinking drinking water from the Dju shop operated by the victim C, who was in the Gyeongnam Development Group B.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) and the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) and committed a conflict between the E and the victim F (the age of 31) on the ground that the said time, place, and the victim E and the victim F (the age of 31) go out of the normal place, and went out of the normal place, and took a stone (the age of 30 cm, the length of 20 cm) which is a dangerous object at the same place, and thereby breaking the entrance door door door up to the right side of the victim F, which was adjacent to the entrance.

As a result, the Defendant carried dangerous articles and damaged the free will of the victim C to the extent that the amount of 170,000 won for repair is to be exceeded, and at the same time, the victim F should be treated for about three weeks.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant and C;

1. The police statement concerning F;

1. Each investigation report (in relation to the attachment of field photographs, attaching on-site reports and photographs, and submitting written estimates for damage);

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

1. Article 36 of the Criminal Act applicable to the crime, Article 366 of the choice of punishment, Article 36 of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of inflicting bodily injury on a dangerous object), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 36 of the Criminal Act;

1. A violation of Articles 40 and 50 of the Criminal Act (a violation of the Punishment of Violences, etc. Act, a violation of the Punishment of Violences, etc. Act (a collective weapon, bodily injury, damage, etc.) and a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.), and a violation of the Punishment of Violences, etc. with

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