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(영문) 창원지방법원 진주지원 2013.09.11 2013고단669

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

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

Reasons

Punishment of the crime

1. From the end of December, 2012, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.), the victim D (the victim of 43 years old) who is the birth of the Defendant (the victim of her birth) was using the Defendant’s cargo in the manner of the Defendant’s mind at his/her dwelling, around the end of December, 2012, caused the victim to get off the parts of the victim one time with hacks, which are dangerous things located therein, and caused the victim to undergo approximately two weeks of treatment.

2. Violence;

A. A. Around January 2013, the Defendant assaulted the victim’s booms by taking the victim’s booms, on the ground that the victim took a bath against the Defendant in the living room of the above Defendant.

B. On January 21, 2013, around 14:41, 201, the Defendant assaulted the victim by taking the victim’s brupt by hand, on the ground that the victim takes a bath against the Defendant in the living room of the above Defendant.

C. On February 14, 2013, around 14:30, the victim committed assault, such as walking a part of the victim’s sexual skill, due to the birth of the victim, on the ground that the victim would take a bath to the defendant in his/her dwelling room.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness D;

1. Statement by the prosecution concerning D;

1. Statement made to D by the police;

1. A complaint filed in D;

1. Recording records;

1. Request for appraisal commission and inquiry statement;

1. Application of each statute on photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of inflicting an injury on carrying a dangerous object), and Article 260 (1) of the Criminal Act (the point of each assault, and the choice

1. A crime occurs among the crimes committed in relation to discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act (a favorable circumstance shown in the following sentencing grounds). A part of the defendant deniess the fact of assault, and the defendant has no power to punish for the same kind of crime. However, the defendant is recognized as having no power to punish for the same kind of crime.