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(영문) 광주지방법원 목포지원 2016.02.02 2015고단1521

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

In 2013, the defendant was aware of the victim C (n, 72 years of age) and was introduced several times from the victim.

피고인은 2015. 8. 3. 15:00 경 목포시 D에 있는 피해 자가 운영하는 'E' 속옷 매장에 찾아가, 피해자가 자신의 전화를 받지 않고 피해자로 인하여 중매비용이 많이 들어갔다는 이유로 화가 나, 피해자의 얼굴을 주먹으로 수회 때리고 피고인으로부터 맞아 바닥에 주저앉은 피해자의 오른쪽 갈비뼈 부위를 발로 걷어차고, 가게에 있던 나무 화장지 걸이로 피해자의 등을 2회 내려치고, 위험한 물건인 스테인레스 의자를 들어 피해자의 머리를 가격하고 발로 피해자의 등을 3회 걷어찼다.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as cutting the bones of a single flapsy in need of medical treatment for about six weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

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

1. Each police statement with respect to C and F;

1. Each gene appraisal report;

1. A medical certificate of injury or an additional medical certificate;

1. A damaged photograph, each on-site photograph, recovered appraiser's photograph, and part of the damaged photograph;

1. Application of Acts and subordinate statutes to report internal investigation and report internal investigation (involving a victim with respect to an appraisal object);

1. The crime of this case on the grounds of sentencing under Articles 258-2(1) and 257(1) of the Criminal Code of the relevant criminal facts is the case where the defendant assaulted the victim by the sarsensist, etc., who is a dangerous object, and inflicted an injury upon the victim for about six weeks in need of medical treatment. The nature of the crime is grave. Nevertheless, the defendant is consistent with the defense, denies part of the crime, and it does not seem that the mistake is shared because he denies part of the crime, and the damage was not recovered entirely. In light of the above, the defendant is sentenced to imprisonment with prison labor.

(b).