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(영문) 대전지방법원 천안지원 2015.04.23 2015고단403
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one and half years.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 16:10 on October 13, 2014, the Defendant called the victim D(58 years of age) in the E office in Jinjin-si, the Defendant: (a) stated, “Woo-si, Meet-si, Meet-si, and Meet-si.” (b) the victim refused to do so; (c) followed the victim’s head by taking dangerous articles in his/her own office, but the victim obstructed the victim’s escape with his/her hand; and (d) committed assaulting the victim’s head by taking two times of his/her escape, and driving away the victim’s head by drinking.

As a result, the defendant carried dangerous articles and damaged the victim's office 310,000 won or more of repairing expenses. In addition, the defendant damaged the victim's office responsibilities to be 310,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement by the prosecution concerning D;

1. Statement of each police statement related to F and G;

1. Each investigation report (the report on attachment such as the situation of the entrance and the confirmation of the release on the entrance);

1. Application of written estimates and field photograph Acts and subordinate statutes;

1. Article 3 (1), Article 2 (1) 3 (Inflicting of Deadly Weapons) and Article 2 (1) 1 (Destruction of Deadly Weapons) of the Punishment of Violences, etc. Act on the Punishment of Crimes under Relevant Acts of Violence, etc.;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 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. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] The mitigated area (one year and six months to two years) of the mitigated area (one year and six months), [Special Mitigation] [Determination of Sentence] of the mitigated area (one year and six months to six months] of the Special Injury (the defendant made a statement that he/she does not want punishment in cases where he/she is against the defendant at an investigative agency).

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