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(영문) 전주지방법원 군산지원 2013.11.13 2013고단936

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 became final and conclusive.

Reasons

Punishment of the crime

1. Around July 10, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) caused injury to the victim, such as brain, etc. for two weeks, by using a brick (a 10cm, length 9.5cm, length 9.5cm), which is a dangerous object that the victim hospitalized the victim into the hospital as alcohol addiction, at the house of the victim D (the age of 54) located in Gunsan-si, Gunsan-si, with the victim’s head at one time and one time, and caused injury to the victim, such as brain, which requires medical treatment for about two weeks.

2. Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. causing damage, etc.) destroyed the wall (10 cm, length 9.5 cm, length 9.5 cm) that is a dangerous object owned by the Defendant, at the time and place specified in paragraph (1), by destroying two copies of the door door door door glass, the front door door door door, the front door door door door door, the front door door door door door door door, and two copies of the front door door door, the market price of which is the owner of the victim D, etc. is unknown, respectively.

Summary of Evidence

Application of the defendant's legal statement, protocol of police statement on D, certificate of injury, on-site photographing statute

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., reflectiveness, non-conformity with punishment, and consideration of prior coal sources);

1. Suspension of execution: Article 62 (1) of the Criminal Act (Discretionary mitigation grounds, previous convictions, health conditions, etc.);