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(영문) 광주지방법원 목포지원 2013.10.31 2012고단1588

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The punishment of the accused shall be determined by two years of imprisonment.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 09:00 on June 18, 2012, was in a weak state with low capacity to discern things or make decisions due to alcohol dependence, and around 09:00 on June 18, 2012, the Defendant, without any justifiable reason, was engaged in the process of thrhing back with the pipe ( approximately 90cc in length, approximately 79 years of age), which is a dangerous object from the previous Soviet C Village Gong-gun (No. 2) of the victim D (M, 79 years of age) and the left head part of the victim E (M, 51 years of age) one time, and continued to bleep the victim E (M, 71 years of age) with the upper left head part of the victim E (M, 71 years of age).

At least 09:30 on the same day, the Defendant: (a) moved about approximately 200 meters away from the above place to the house of Victim G (n, 85 years of age) and asked the victim to drink on the garden; (b) however, on the ground that the victim refused to do so, the Defendant calculated the victim’s lux, left elel, left knee, knee, knee, knee, kne, etc. on several occasions on the hack pipe (No. 110cm in length, No. 1) which is a dangerous object in the vicinity of the chemical and the victim’s refusal to do so.

As a result, the Defendant carried dangerous articles and carried them about four weeks for the victim D to give approximately two weeks of medical treatment, such as an open room for the victim E in need of two weeks of medical treatment, the right hand hand hand hand and hand hand hand over the victim F in need of two weeks of medical treatment, and the victim G in need of approximately nine weeks of medical treatment.

Summary of Evidence

1. Entry of the first protocol of trial;

1. Statement of each police officer's statement about D, E, and G;

1. A statement in each statement of H and F;

1. Application of Acts and subordinate statutes to entries in each written diagnosis;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;