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(영문) 광주지방법원 순천지원 2013.08.29 2012고단3432
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 00:40 on July 30, 2012, the Defendant: (a) around 00:40, the victim E (the age of 49) expressed drinking as a drinking problem with F, a woman living together with the Defendant; and (b) made the victim’s head one time on the ground of the victim’s disease, which is a dangerous object on the table.

After continuing from the above head of the above head, the Defendant: (a) laid off the victim’s hump in front of the G main points adjacent to the above head of the household, laid down the victim’s hump beyond the floor; and (b) took twice the victim’s hump back due to an incurable disease.

The Defendant carried dangerous articles as above and inflicted bodily injury upon the victim, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation report (with respect to the owner of a sprinke D).

1. A criminal investigation report (to attach photographs of the entrance, discharge records and the upper part of the body of the victim), and a criminal investigation report (on-site photographs);

1. An investigation report (the confirmation of details of telephone call to the perpetrator before the victim calls 119);

1. Application of Acts and subordinate statutes to the medical certificate of injury and photographs of the head and head and head of victim E;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Article 55 (1) 3 of the Criminal Act);

1. The defendant and his defense counsel's assertion under Article 62 (1) of the Criminal Act and the judgment on the suspended execution asserts that the defendant did not have any fact when the victim was injured by illness, and that there was no fact that the victim inflicted any injury.

In other words, H, the president of D Hop House, made a statement that the Defendant had the right to take care of the victim’s head on the ground of his/her illness, stating that the Defendant had the right to take care of the victim’s head, and the victim filed a report on July 30, 2012 as a cell phone around 119.

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