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(영문) 부산지방법원 2014.04.03 2014고단406

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

피고인은 2014. 1. 9. 19:30경 부산 연제구 C에 있는 피해자 D(74세)의 집에서, 방에 엎드린 피해자에게 평소 가지고 다니던 옥돌침(길이 약 15cm, 너비 약 4cm)으로 침을 놓아주던 중 아무런 이유 없이 옥돌침의 뾰족한 부분으로 피해자의 머리를 수회 내리쳤다.

At around 02:30 on the following day, the Defendant got the face of a victim who gets her face and takes a fright by the above assault, and re-gets the face and head of the victim's face due to the frightlick.

The Defendant inflicted an injury on the victim, by carrying a dangerous article, such as the above-mentioned flick, to the victim, which requires treatment for about four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning D;

1. A copy of the medical treatment certificate;

1. Photographs (influence, scene of crimes, etc.);

1. Investigation report (where the person commits an offense or commits an offense, the location of the house in which such person is involved);

1. Application of Acts and subordinate statutes to report internal investigation (the statement, etc. of relevant persons, such as doctors);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., taking into account all circumstances, such as the fact that there is no history of punishment for the same crime) is that the defendant, without a clear reason, does not suffer serious injury by taking the victim’s head into account in a dangerous roof, which is a dangerous object, and thereby causing serious injury to the victim. Although the victim’s degree of damage is serious, it is not proper to recover damages despite the victim’s degree of damage. In addition, considering the circumstances such as the circumstances leading to the crime of this case, means, and methods, etc., the defendant is decided as per Disposition.