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(영문) 광주지방법원 해남지원 2014.10.01 2014고단226
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

The defendant is between the victim D (math, 53 years of age) and the married couple.

On August 16, 2014, around 23:40 on August 16, 2014, the Defendant, at his own house located in Jindo-gun E, brought a dispute with the victim, and the victim went out of his house. On that point, the Defendant appeared to get her hand and her hand out of the house, and the victim was aware that her son and son, who was living in the above village, was her hand and her hands out of the house.

Since then, the Defendant discovered that the victim opened and entered the above house's entrance door and found the victim's head at one time, which is a dangerous object that he had been in possession of the chemical ( approximately 43 cm in length), and caused the victim's injury, such as an open head, which requires approximately two weeks of medical treatment, by taking the victim's head at one time and taking the side of the victim's head at one time, and resulting in other injury such as an open head, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation (Attachment of a medical certificate);

1. Records of seizure and the list of seizure;

1. Application of statutes on site photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Scope of Recommendation] : Where the mitigated area (including a person who has been habitually mitigated), the mitigated area (one year and six months to two years), the penal penalty (including a serious effort to recover damage) or considerable damage has been restored [Pronouncement] - one year and six months of imprisonment, one year and six years of suspension of execution, two years of probation, and probation - The crime of this case was committed by the defendant at the price of the head of the victim who is his wife by using the network, and is very poor in the nature of the crime. However, although the defendant is seriously against his own criminal act, the defendant has not been able to have many victims, and the victim and the victim are desired.

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