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(영문) 수원지방법원 평택지원 2015.03.05 2015고단71
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

Reasons

Punishment of the crime

1. Around 18:00 on May 20, 2012, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc., with a deadly weapon, etc.), on the ground that the victim E (neither female nor 16 years of age) who is a knicker in Pyeongtaek-si D, the Defendant’s residence, took the chair into the victim’s face and was faced with an injury, such as taking the chair into the victim’s face for about six weeks to receive treatment.

2. Around 11:30 on December 20, 2014, the Defendant injured the victim F (38 years of age) who was a dubed victim in the Defendant’s residence had been found in the Defendant’s residence, and was booming the victim’s neck with her hand, and pushed the victim’s face by drinking the victim’s her hand, and the victim’s face was boomed for about two weeks when considering the victim’s face at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. G statements;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is to be led to the confession of a crime by the defendant, and there are circumstances agreed with the victims, but it is difficult to obtain the motive for the crime, and the number of crimes is very poor, and the degree of injury suffered by the defendant is minor.

Therefore, even if the victims cannot be punished against the defendant, it was judged that it is not appropriate to select the defendant only on the ground of such circumstances.

Therefore, considering the age, character and conduct, circumstances after crimes, etc. of defendants, the punishment as ordered shall be determined as per Disposition.

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