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(영문) 청주지방법원 충주지원 2015.10.16 2015고단162
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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

The defendant is the male part of the victim C(n, 47 years of age), and the victim C and the victim D(52 years of age) are currently married couple.

1. At around 22:30 on October 20, 2014, the Defendant: (a) brought the victim C’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant carried dangerous objects and committed violence to the victim C.

2. The Defendant, at the same time and place as set forth in Paragraph 1, 3, took the victim D, who had heard the victim C’s lusium, and intending to take the Defendant’s lusium out of the above restaurant, brought the Defendant out of the above restaurant, putting the light acid knife, which is a dangerous object in front of the above restaurant, in his hand, into the victim D, and putting the victim D’s head knife with another hand.

Accordingly, the defendant carried dangerous objects and committed violence against the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution concerning D;

1. Statement to C by the police;

1. Protocol and list of seizure, arrest report of occurrence of a case, and application of each photograph of statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

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 (including the violation of criminal conduct and the violation of punishment);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) of the Criminal Act of confiscation;

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