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(영문) 전주지방법원 남원지원 2015.03.31 2015고단15

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

1. On November 30, 2014, around 09:05, the Defendant of special property damage: (a) reported the victim D (36 years of age) to be located in the Flus car, the victim’s wife E, together with the Defendant’s wife E; and (b) destroyed the victim’s window part of the driver’s seat of the car by unloading three to four times the part of the victim’s window, which is 220,550 won for repair costs.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), at the above date, time, place, and the above Defendant her clothes, which are dangerous goods for the said victim to get off from the vehicle, brought the victim’s arms one time in the direction of the victim’s arms, and 4-5 times in the direction of the head of the victim, thereby causing the victim to suffer bodily injury for about two weeks.

Summary of Evidence

1. The defendant's partial statement of the court (as stated in the judgment of the court below, the defendant asserts that there was only the fact that he was the victim's head at one time, but the victim stated in the investigative agency that "the defendant was at least five times in his head by a srench" (the 11th page of the investigation record), and the witness E also stated in the investigative agency that "the victim was at several times in the victim's head by using the tools cited by the defendant" (in light of the investigation record No. 21 pages), it can be sufficiently recognized that the defendant committed an assault against the victim as described in the crime in the judgment of the court below).

1. Each police statement made to D and E;

1. An injury diagnosis certificate (D);

1. Written estimate;

1. Police seizure records;

1. Application of Acts and subordinate statutes on internal investigation reports (field conditions and related to seized articles);

1. Article 369(1) and Article 366 of the Criminal Act regarding the relevant criminal facts, the choice of a punishment, and Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); and Article 257(1) of the Criminal Act.