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(영문) 광주지방법원 2012.11.29 2012고단5393

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The punishment of the accused shall be determined by two years of imprisonment.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

The defendant and the victim C(54 years of age) are between the ship of Chinese nationality and the construction site and their knowledge.

At around 19:45 on September 2, 2012, the Defendant: (a) while drinking alcohol together with the Defendant’s accommodation 202, a lodging room in which the Defendant and the victim jointly live, the Defendant: (b) at the end of the Defendant’s horse that he would not work on Sundays, the Defendant: (c) broken the Victim’s disease, which is a dangerous object by breaking the defect that “the victim her mar mar.”, and (d) broken the Victim’s disease, and (c) laid down the Victim’s neck from 10m to 1.5cm in the process that the victim pushed the Victim’s disease.

In addition, when the victim suffering from the above items gets a room in order to leave the room to the hospital, the defendant took a knife of the industrial knife (blade 2.3 cm) which is a deadly weapon used in order to leave the room to the hospital, and driving away from the victim's knife a restaurant in the vicinity of the above knife, and cut about 10 cm of the victim's manife, about 15 cm of the left side, and about 5 cm of the defensive victim's hand.

As a result, the Defendant, using a shoulderer beer disease, an industrial knife, which is a dangerous object, inflicted injury on the victim, such as surgery of neconsis, observation of about six weeks of surgery, chest management that takes at least six months to one year, and the rehabilitation movement of internal movement, etc., such as the complete cutting of the right tension, the complete cutting of the upper right 1st, the bones flife, the right-side bones, the joint opening from the left-hand knife to the front opening, the complete cutting of the face knife from the left-hand knife to the front opening, and the upper part of the knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and list of seizure of the police;

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning seized articles;

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. Confiscation Article 48(1)1 of the Criminal Act