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(영문) 창원지방법원 밀양지원 2014.10.16 2014고단177

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

At around 02:00 on May 2, 2014, the Defendant: (a) extracted from the victim’s garden of the victim D (n, 74 years old); (b) in the state of lacking the ability to discern things or make decisions due to mental fission, etc., and was discovered by the victim; (c) was aware of the victim; and (d) got the victim from the victim, the victim was deprived of his/her heart; (b) the victim was scambling the victim’s neck by cutting the victim’s hand over the floor; and (c) the victim was scambling the victim’s neck, etc., which is a dangerous thing that the victim was in possession of the victim; and (d) cut the victim’s face by cutting the victim’s cab, etc. of plastic hand, which is a dangerous thing that he/she was in possession; and (d) cut the victim’s face by putting him/her away from the body of the adult, who was a dangerous thing.

이로써 피고인은 위험한 물건을 휴대하여 피해자에게 치료일수 미정의 얼굴의 으깸 손상 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Each protocol of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for statutory mitigation [the scope of recommending punishment] The type 1 of the Act on the Aggravated Injury, Habitual Bodi Crime Injury, and Special Bodily Injury (Aggravated Bodily Injury, Aggravated Bodily Injury, Aggravated Bodily Injury) (Aggravated Bodily Injury, Aggravated Bodily Injury, Aggravated Bodily Injury, Aggravated Bodily Harm (Aggravated Bodily Harm)] / Aggravated Serious (Aggravated Bodily Harm) / Aggravated Bodily Injury, A cruel Act, and a victim who is vulnerable to the crime of this case [Pronouncement Decision] The Act on the Aggravated Punishment of the Crimes of this case is very dangerous, and the victim suffers very serious injury that requires long-term treatment due to

On the other hand, the defendant recognizes his crime and reflects it.