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(영문) 전주지방법원 남원지원 2013.04.02 2013고단50
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around February 24, 2013, the Defendant violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) committed an injury to the victim, such as a string, etc., which requires approximately two weeks of medical treatment on the part of the victim D (Inn, 54 years of age) from the main point of “E” in the operation of the victim D (Inn, 54 years of age) located in Nam-si, Namwon-si, due to the said victim’s failure to lend the string.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. and damage, etc.) continued to be destroyed by continuously breaking and damaging the entrance door, 2, air conditioners, air conditioning, and visibility, etc., which are owned by the victim D, at the same time and place as the above paragraph (1) (80 cm in length), and at the same time and at the same place (80 cm in length), there were 50 times in the front door, 50 times in the front door, and 10 parts in the half door.

Accordingly, the defendant carried dangerous articles and damaged the property of the total amount of KRW 470,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Police seizure records;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a report on investigation (case of photographing the scene of the case) and a report on investigation (case of calculating the amount of damage inflicted on the victim);

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 (the occupation 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 (the occupation of causing bodily injury on a dangerous object);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Probation;

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