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(영문) 창원지방법원 진주지원 2015.06.16 2014고단1088

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On October 4, 2014, around 23:05, the Defendant stated that the victim D(40 years of age) written indictment is “child” in the case of the Defendant’s house located in Jinju-si, whereas the victim’s written indictment is corrected in light of the victim’s legal statement, etc.

In addition, without any reason, we collected one stone with a stone (17 cm in diameter and 10 cm in height) which is a dangerous object on the street, and had the victim faced with this part.

Accordingly, the defendant carried dangerous articles and carried up an open prize for the victim's treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Each police statement made to D and E;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report internal investigation (in relation to the photographs of criminal implements and injured parts);

1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts

1. Determination on the assertion by the Defendant and his/her defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation

1. Although the summary of the assertion was the fact that the defendant was protruding the victim, the victim did not go against the above-mentioned situation, and thus, the result of the victim's injury does not arise due to the above act of the defendant.

2. The following circumstances revealed through the evidence revealed prior to the judgment, i.e., ① the victim consistently stated from the investigative agency to the effect that “the victim’s straw with a stone with a stone with a stone attached by the defendant,” and ② the victim’s Ma, who was at the scene with the victim, also made a consistent statement to the effect that “the victim’s Ma, who was at the time, had a stone with a stone attached to the victim, was teared to the victim’s math, and the victim’s Ma,” from the investigative agency to this court.