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(영문) 수원지방법원 안산지원 2015.06.25 2015고단382
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant and the victim C(the age of 41) are between the two people with the knowledge of the two.

On December 30, 2014, the Defendant: (a) around 16:15, at the Defendant’s house located in D at the time of the game entertainment, provided meals with the victim and the victim’s female-friendly club; and (b) provided drinking alcohol with the victim’s female-friendly club; (c) however, the Defendant was unable to take female-friendly grandchildren of the victim, thereby having a dispute between the Defendant and the victim.

During that period, the defendant, by hand, her head on the ground of the victim's illness, which is a dangerous and dangerous object, her head was taken by his/her hand, and her head was taken by another her head on the ground of another her head on the ground of another her head.

As a result, the Defendant, using a flag, which is a dangerous product, inflicted bodily injury upon the victim, where the number of days of treatment can not be known.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement of the police statement regarding C;

1. A report on investigation (25 pages of investigation records);

1. Report on internal investigation ( telephone communications at a clinical hospital and emergency medical service room);

1. An investigation report (a report on confirmation of failure to submit a medical certificate to victims C);

1. Application of Acts and subordinate statutes governing evidence 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendation] There is no basic area (two to four years) of the type 1 (two-four years) of habitual injury, repeated injury, and special injury (the scope of habitual injury, repeated injury, and special injury) [the decision of sentence] [the crime of this case]] is committed by the defendant by leaving the victim's head two times as a main soldier and causing bodily injury, such as stroke, in light of the method and process of the crime, and the fact that the victim's head was reduced to about 10cm, etc., even though the liability for the crime of this case is not minor, the defendant is the act committed by the defendant in relation to the crime of this case, and denies part of his own crime.

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