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Reasons
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(영문) 창원지방법원 2014.10.14 2014고단763
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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1. The defendant shall be punished by imprisonment for two years;

2. Seized evidence subparagraph 1 shall be confiscated;

Reasons

Punishment of the crime

1. At around 12:55 on December 16, 2013, the Defendant: (a) was at the D office in the operation of the Defendant at Chang-si, Changwon-si; (b) when E received a loan by offering one bus in D as collateral, the victim F (49 years of age) lent the name of the Victim G at E’s request; (c) the Defendant embezzled the said bus in the course of suffering damage due to E’s failure to repay the loan; (d) the Defendant embling the said bus with F (29 years of age) and the said G (24 years of age); (c) the Defendant sought an office from the said G with the victim H (F) who was the victim; and (d) during the conversation with the JJ at the time, the Defendant called “I am at one time” from the said G to the victims, namely, whether I would be the representative director of the said bus; and (d) the victims of the instant gas sprayers by taking advantage of the victim’s body and booming with the victim’s body.

2. A person who is permitted to possess a gas gun, such as a violation of the Firearms, Swords, Explosives Control Act, or gas sprayers, shall not use it unless there exists any other justifiable reason, but the defendant used the gas gun for other than the permitted purposes at the above time and place;

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, H and G;

1. Part of the police statement to J;

1. Records of seizure and the list of seizure;

1. An injury diagnosis certificate;

1. A copy of a certificate of permission for possession of gas sprayers;

1. Examining the above evidence of internal investigation report (such as damaged parts and criminal flight gas gun, etc.), investigation report (where a suspect H photographs with a smartphone camera, screen CDs and video-capps accompanied by the cellphone camera), the defendant first launched gas sprayers to the victims while the victims orally resist, and the victims oppose this.

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