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(영문) 대구지방법원 서부지원 2015.08.11 2015고단114

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

except that 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 is a victim C (year 43) and a person who was hospitalized in a hospital D's hospital at the Daegu Medical Center infection Control Center located in 157, Seo-gu, Daegu-ro.

At around 19:00 on December 20, 2014, the Defendant, while drinking in the sick room, took a large voice, and the victim said that “Ilved, Ilve,” and the Defendant returned to the sick room with concrete stone (weight 1.06km, width 20cm, length 13cm, length 13cm, thickness 8cm) which is a dangerous object out of the sick room.

Then, the Defendant brought the above concrete stones on his hand to the victim suffering from the above bed, and 3 times off the left-hand head of the victim, and 4 times off the part of the victim's left-hand head E from the patient E from the above bed off the victim's left-hand head.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury on the victim, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (limited to the stude concrete stones carried by a suspect A), which is a dangerous article carried by a suspect;

1. Application of Acts and subordinate statutes of a medical certificate;

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 confession, reflectivity, and fines without any record of severe punishment, and degree of injury of victims, etc.);