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(영문) 전주지방법원 정읍지원 2014.09.16 2014고단263

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(35 years of age) are relatives.

On November 2, 2013, the Defendant, in the “Eju” located in Jung-gu, Jung-gu, Si, Ma on November 21, 2013, performed drinking together with the victim’s wife, the victim’s vessel F, etc., and caused the Defendant’s wife to have a crypted dispute.

At this time, the victim kids the defendant, who kids the defendant, and kids the defendant several times to the right side of the victim's right side, and boomed the victim's head part one time with an empty bed, which is a dangerous object on the table, continuously posted the victim's head part one, and led the victim to an open situation where there is no brain death requiring approximately two weeks of medical treatment and no open one.

In this respect, the victim was injured by carrying dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of statutes on site photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the offense is recognized and the mistake is divided, and the extent of damage is not serious);

1. Probation and community service order under Article 62-2 of the Criminal Act;