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(영문) 부산지방법원 2013.04.18 2013고단607
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for one year.

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. The Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapon, etc.) knew that C was in the office of the victim while his/her wife in a divorce lawsuit was suspected of being in a usual relationship with the victim D and found C to find him/her in the office of the victim.

At around 11:00 on December 15, 2012, the Defendant opened a door on the front corridor of the victim's house E-2nd floor in Busan East-gu, Busan-dong, and opened a door to the victim, and then, two knife (20 cm length, 7 cm in length) as a deadly weapon prepared in advance to the victim in both hand and hand, and tried to keep the victim with the above knife as a hand.

The defendant, carrying a deadly weapon, assaults the victim.

2. The Defendant: (a) entered the victim’s house at the time and time set forth in Paragraph (1) of this Article; and (b) removed four parts of fire fighting in the market price, which was owned by the victim D; and (c) destroyed the victim’s house.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 260 of the Criminal Act, and Article 366 of the Criminal Act concerning the punishment of crimes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the fact that a victim was in an internal relationship with the defendant's wife and there are circumstances to take into account the circumstances leading to the crime of this case due to the unknown problem of the wife, and that the victim must support his/her wife);

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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