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(영문) 수원지방법원 여주지원 2015.05.08 2015고단135
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 30, 2014, around 21:40 on September 30, 2014, the Defendant asked the victim C (the age of 43) to “the daily distance to the Defendant-friendly E-and-child appearance,” but the victim refused to do so, the victim’s chest and face were 3 times at the floor of the victim’s chest and face. On October 1, 2014, the victim continued to have a dispute over the said victim returned to the front in the same place at the same time and at around 02:00 on October 1, 2014, the Defendant sustained the victim’s injury, such as a disturbance that requires approximately two weeks of treatment.

2. On September 30, 2014, at the same place as indicated in the above paragraph (1) around 21:40, the Defendant committed the crime against the victim F, as described in paragraph (1), when the victim F (the age of 45) uses the Defendant who assaults the said C in a manner set forth in paragraph (1) to marithize the face of the said victim one time, take in his/her hand each item (the length of approximately 70 cm) dangerous to his/her surrounding wife on his/her hand, takes in his/her arms and head several times, and continuously takes in his/her arms and head at the same place as described in paragraph (1) at around 02:0 on October 1, 2014.

As a result, the Defendant, carrying dangerous things, assaulted the above victim, and inflicted an injury on the victim, such as the opening a thring of the middle water breath, which requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, G, H, I, J, and K;

1. A written statement;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to on-site and inbound photographs;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the point of injury to carry dangerous articles) of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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