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(영문) 대구지방법원 2013.11.05 2013고단5353
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 became final and conclusive.

Reasons

Punishment of the crime

1. Around August 19:50 on August 2, 2013, the Defendant: (a) expressed the victim’s desire at the “E” restaurant operated by the victim D (here, 47 years of age) in Yongcheon-si; (b) expressed the victim’s desire on the ground that the victim demands KRW 36,000,000, and (c) took a dangerous object at the same time as the victim’s hand, thereby causing injury on the part of the victim, which is in need of two weeks of medical treatment.

Accordingly, the defendant used dangerous objects to inflict bodily injury on the victim.

2. Around August 22, 2013, the Defendant violated the Punishment of Violences, etc. Act (the destruction of and damage to a group, deadly weapon, etc.) collected plastic winners and beer bottles, which are dangerous things in a restaurant for the said reasons, and caused 90 misunderstandings equivalent to 146,000 won at the market price, which is owned by the victim D, by putting them together with the plastic winners and beer soldiers, which are dangerous things located therein for the said reasons.

In this respect, the defendant damaged the victim's property by using dangerous things, thereby harming its usefulness.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a report on investigation (a photograph and quotation, and a medical certificate attached to a steel reporter);

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

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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “contributing sentence”) is that the Defendant committed a contingent crime in his/her speech room, and his/her mistake is divided in depth, and the degree of damage is easy, and the victim and the victim are trying to do so.

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