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(영문) 춘천지방법원 2014.11.20 2014고단596
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. Larceny;

A. From the end of May 2013 to the end of August 2013, 2013, the Defendant arbitrarily carried three marins, where the market price on the victim’s possession was unknown, using the gaps in the “E farm” in the container storage located in Hongcheon-gun, Hongcheon-gun, by using the gaps in managing the victim’s D’s “E farm.”

B. On October 2013, at around 16:00 on the date of mid-to-date 16:00, the Defendant arbitrarily loaded in the Fpoter trucking freight trucking to Defendant’s operation any material the market value of which cannot be determined, such as one oxygen connected to the said port container, one oil reservoir connected to the oxygen, and one machine saw.

Accordingly, the defendant stolen the victim's property two times.

2. On April 22, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed damage to the Defendant’s reeded reeded reeded reeded reed in the E farm of the victim D (66 years of age) located in Hongcheon-gun, Hongcheon-gun, Gyeongwon, and the Victim D (66 years of age).

Accordingly, the Defendant, by hand, assaulted the victim's balth, and dumpeded with the wire, which is a continuously dangerous object, and assaulted the victim as if he was flaged with the victim's sump.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against the accused;

1. On-site, criminal tools, and photographs showing bodily injuries;

1. Each protocol of seizure and the list of seizure;

1. Determination as to the assertion of the defendant and his defense counsel in the investigation report (in the absence of a general investigation and the investigation of witnesses)

1. In the case of larceny in the judgment of the summary of the assertion, it would result in the victim's permission, and in the case of larceny in violation of the Punishment of Violences, etc. Act (collectively weapon, etc.), there is no use of force to describe the facts of

2. Determination

A. The Defendant is also residing in the police station in the victim’s farm.

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