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(영문) 전주지방법원 정읍지원 2014.05.20 2014고단88
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

On December 22, 2013, the Defendant, at the E parking lot located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, on December 16, 2013, talked with the victim C (n, 32 years of age) with the victim's friendship and the victim's friendship, etc., the Defendant stated that "packs the victim who wishes to enter the victim's small father, who was in the office, shall enter the office," and "I am out of the office," and "I am at the entrance," and "I am at the victim's door," and "I am at the entrance, I am the victim's face one time by hand, and I am the victim's head, which is a dangerous article in the place.

The defendant continued to inflict bodily injury on the victim by inserting the body of the victim several times due to the insertion, which is a dangerous object for the victim's re-influoration on the floor, and by taking several times, the victim suffered bodily injury, such as cerebral rupture in detail, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Social service order under Article 62-2 of the Criminal Act;

1. Article 32 (1) of the Act on Special Cases concerning the Cancellation of Lawsuit, etc. of Orders for Compensation (the amount of compensation is not reasonable to issue an order for compensation because it is difficult to determine the amount of compensation);

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