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(영문) 서울중앙지방법원 2015.03.27 2014고단8822
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

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 3, 2014, around 19:40, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) opened the entrance door from the front corridor of 111 Dong 603, Gangnam-gu Seoul Metropolitan Government C apartment 111-dong 603 (the age of 46) and the Defendant was her house, and the Defendant was 602 at his house while she took a bath for each other on the ground that the Defendant was faced with the entrance door.

The Defendant, following the victim and the Defendant, laid a knife knife, which is a dangerous object that had a large interest in the scambling of the knife of the knife, and put the knife onto the victim’s left part, etc., for which the number of treatment days cannot be known to the victim.

2. Around July 6, 2014, the Defendant threatened the victim with the following threat: (a) on the ground that the said victim’s appraisal was not good due to the foregoing case before the front corridor No. 602, the Defendant threatened the victim with “the victim who died in the knife and will die together with his knife mother.”

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. A protocol of examination of part of the defendant by prosecution;

1. Examination protocol of police suspect regarding D;

1. Statement made to D by the police;

1. Photographs of the body part of the victim;

1. Application of Acts and subordinate statutes to a criminal investigation report (Evidence No. 1, 22 pages);

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object), and Article 283 (1) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Determination on the assertion of the defendant and defense counsel under Article 62-2 of the Criminal Act of probation and community service order

1. The defendant and his defense counsel asserted that the defendant does not display the knife to the victim.

According to the above evidence, the above evidence is examined.

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