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(영문) 창원지방법원 통영지원 2016.12.14 2016재고단10
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant shall be punished by imprisonment for a term of one year and eight months.

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

[Criminal Power] On April 2, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Changwon District Court, and the said sentence became final and conclusive on May 13, 2014.

【Criminal Facts】

1. Around 15:10 on December 9, 201, the Defendant: (a) expressed the victim B (57 years of age) in front of the F cafeteria in Gyeongnam-gun, Gosung-gun, for the reason that the victim B (57 years of age) moved the Defendant’s Otobane without permission; (b) took a part in the victim’s entrance once by drinking; and (c) took a window (50cm in total length) which is a dangerous object located there, and inflicted injury on the victim, such as a fluor, in which approximately 49 days of treatment is necessary.

2. The Defendant, at the time and place of the above-mentioned 1’s paragraph (a) above, threatened the victim by having the kitchen knife (18cc in length, 12cc in length, knife) which is a dangerous thing in the F cafeteria, and having the victim talked with the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of the witness (B, K);

1. An interrogation protocol of the accused by the prosecution (including the part concerning the identity of the injured party);

1. The police statement concerning G;

1. A criminal investigation report (Attachment of a suspect B injury diagnosis report), a criminal investigation report (an inquiry of the parties to the intention to issue a medical certificate of injury), a criminal investigation report (Hearing of the J phone Statements from a witness), and a criminal investigation report (Hearing of the statements from theJ of a sp

1. Before ruling: References to criminal records and the application of statutes;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257, 284, and 283 (1) of the Criminal Act (the occupation of special intimidation and the choice of imprisonment with labor);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. The Defendant, for the reason of sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds), has been punished several times due to the same kind of crime, and the instant case has been punished.

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