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(영문) 창원지방법원 통영지원 2014.02.25 2014고단3
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)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 of the final judgment.

Reasons

Punishment of the crime

1. Around 19:50 on December 21, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) cited a fishing blade (23 cm in total length, 10 cm in knife), which is a deadly weapon in a warehouse, in a “E” restaurant operated by Da, the former part of the Gyeong-gun, Jinnam-gun, Jinnam-gun, in order to take the knife onto the victim F (the age of 33) (the age of knife knife knife knife knife knife knife knife knife knif).

The Defendant cited a knife with a knife, and called “to throw away” to the victim after going on the part of the victim.

Accordingly, the defendant threatened the victim with a deadly weapon.

2. Violation of the Punishment of Violences, etc. Act (a 23 cm in total length, 10 cm in a knife in a knife) the victim D (the 51-year old age), at the time, place specified in the preceding paragraph, was the Defendant’s knife of the Defendant’s knife, and the knife of the Defendant’s knife of the knife, “this knife knife knife knife knife knife knife knife knife).

As a result, the defendant carried a deadly weapon with the victim for about two weeks, and put the right side side of 5 weeks in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Investigation report (Attachment of a photograph of the victim's body attached to the victim's D), request for cooperation in investigation (verification of the treatment period and the status of the body);

1. Application of Acts and subordinate statutes to police seizure records;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act concerning the punishment of a deadly weapon;

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) of the Criminal Act for discretionary mitigation;

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