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(영문) 의정부지방법원 고양지원 2013.11.14 2013고단1109
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than 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

1. Around June 11, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) put the victim into the back part of the knife (a total length of about 30 centimeters and about 20 centimeters in blades) which is a deadly weapon, and then put the victim into the back part of the knife, and then find the victim into the knife and throw away the above knife “to die. to knife, to knife, to knife. to knife. to knife. to knife. to knife. to knife. to knife to knife to knife to knife to knife to k.”

2. Violation of the Punishment of Violences, etc. Act (damage, damage, etc. to a group, deadly weapon, etc.) posted about five occasions the heating and cooling temperature control unit owned by the victim B complex management office at the above time and at the above location, and posted about five times the wall surface of the management office to ensure that the heating and cooling temperature control unit becomes 110,000 won in repairing costs, and added the wall to the management office for repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Photographs;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 3 (1) and 2 (1) 1 of the same Act; Article 366 of the Criminal Act concerning a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment of Violences, etc. which is heavier than the imprisonment for a concurrent crime as provided for in the Act on the Punishment of Violences, etc. which is heavier than the imprisonment for a crime];

1. The defendant under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation agrees with the victim C, the repair cost due to the damage to property has been reimbursed, and the defendant has been punished by a fine not exceeding twice.

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