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(영문) 전주지방법원 정읍지원 2014.04.08 2014고단28
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On 198, the Defendant was married with the Victim C (Min, 47 years of age).

1. Around December 16, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., damage, etc.) destroyed the repair cost of KRW 297,000 by exposing the entrance and door door of the entrance and door of the entrance of the entrance in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the victim, which is the victim, and destroying the repair cost of KRW 410,000, in consideration of the same method.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) committed an injury to the victim, such as influencing the victim’s fluor by putting the insertion of the dangerous object, in a place specified in paragraph (1) and at the same time and at a place specified in paragraph (1), fluoring the victim into the part of the victim’s fluor, and taking the knife, which is an object dangerous in the fluor’s speed, in opposition against the inserted by the victim, and taking the knife 25 cm, which is a dangerous object in the fluor’s fluor’s fluor’s fluor’s k

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to an investigation report (the submission of an injury diagnosis certificate and written estimate);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act concerning a crime;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that a person commits a crime and misleads him/her, and the victim wishess to take measures against the defendant by agreement with the victim);

1. Suspension of execution under Article 62(1) of the Criminal Act (the above-mentioned favorable circumstances)

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