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(영문) 의정부지방법원 고양지원 2015.05.14 2014고단3123
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 is a patient hospitalized in the D Hospital located in Manyang-gu, Busan Metropolitan City C, and the victim E (the 62 years of age, women) is a patient in another family room.

At around 15:30 on October 6, 2014, the Defendant: (a) discovered the victim in front of the hospital 906 sick room; (b) discovered the victim’s face, handout, shoulder, buck, and buckbucks, which are dangerous objects in the victim’s possession, for the reason that the victim used the washing machine by putting the victim in line with the order of the order; and (c) laid down the victim’s hand, selling, and bucks with the dangerous objects (50cm in length). (d) At around 18:30 on the same day, the Defendant continued to 18:30 on the same day, discovered the victim in front of the above hospital 906 sick room; and (e) returned the victim’s face, hand, shoulder, and

As a result, the defendant puts up the body of head, gal, and saliva in need of approximately six weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to photographs of the scene and damaged photographs, the scene ctv images that have been taken by the suspect, and the photograph of stick used by the suspect for committing a crime;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, Article 257 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances favorable to the following reasons for sentencing)

1. Application of the sentencing criteria presented by the Sentencing Committee;

(a) Recommendations: Basic sphere of special injury, two years to four years; and

(b) Reasons for negative reference as to whether to suspend the execution: A negative general reference reason that there is no positive reference reason: A general reference reason that there is no positive reference reason: at least two times before the suspension of the execution, there is no serious reflector, or no effort to recover damage:

2. Determination: Imprisonment with prison labor for a year and June, one year and one month, the defendant disembarked the victim with Aluminium stick, and thereafter used violence in the same way as the victim re-satising, and make every effort to recover from damage without the victim's negligence.

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