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(영문) 창원지방법원 밀양지원 2014.04.22 2013고단517
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 07:30 on September 17, 2013, the Defendant: (a) brought the victim D (Woo, 63 years of age) and brush due to waste incineration at the Defendant’s house located in Syang-si, and brought the victim with her fingers according to the victim’s 1st century; (b) he saw her as “Iskh, Hay, Ish, Isnh, Isnh, Isnh, Isnh, Isnh, which is a dangerous object on the above house’s floor; and (c) as I she she she she shed, the victim was injured by the Defendant’s hand.

After that, when the Defendant got out of the floor while putting with the victim, the Defendant was able to use a pipe (a total length of about 92 cm), which is a dangerous object in the said house, and made one time the head of the victim.

As a result, the defendant carried dangerous objects and carried them about two weeks of treatment, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 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. In light of the following: (a) the reason for sentencing under Article 48(1)1 of the Criminal Act for the sentencing of the crime of this case is very dangerous; and (b) the fact that there is no agreement with the victim, etc., the punishment as ordered shall be determined by taking into account the following factors: (a) the need for strict punishment of the defendant; (b) the defendant is against his/her wrong act through confinement life for at least one month; (c) the defendant is a primary offender;

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