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(영문) 부산지방법원 2015.09.10 2015고단3555
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 2014, the Defendant destroyed the property that 250,000 won of repairing expenses, such as painting painting, etc., for the reason that the victim H was not informed of the location of the “I” gambling warehouse, on the roads adjacent to the Busan Bluan Busan Bluan Elementary School, and that the victim H was not informed of the location of the “I” gambling warehouse.

2. On November 201, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc.) and threatened the victim with a kitchen knife, which is a dangerous object, on the ground that the victim M (the age of 41) did not lend money from L’s house located in Seo-gu, Busan at around 21:00.

3. On February 15, 2015, at around 21:16, the Defendant found the Defendant’s wife in front of the victim P (e.g., 54 years of age) who was in front of the Defendant, and found the Defendant’s wife in front of the Defendant’s wife within the office of O located in Busan Jin-gu, Busan (26cc in size, 40cc in total length), and used the Victim P (e.g., knife in knife, knife in knife, knife in knife) and knife in knife in knife of the victim’s head, etc. due to an outbreak, and used the victim with dangerous things, such as the victim’s face, when knifeing the victim’s face with drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the victims;

1. Application of the Acts and subordinate statutes on seizure records, damage photographs and estimates;

1. Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, concerning a crime;

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

1. Article 62(1) of the Criminal Act:

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