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(영문) 창원지방법원 진주지원 2015.01.30 2014고단1002
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. Inflictings operated by the Defendant on September 5, 2014 by the Victim D (V, 63 years of age) in Jinju-si, on September 5, 2014.

In one room, while drinking alcohol, the victim dump dump dump dump dump dump dump dump dump dump dump, the victim dump dump dump the victim's head dump dump dump dump dump on the victim's head dump dump dump, thereby causing injury to the victim, which requires approximately two weeks of treatment.

2. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해) 피고인은 위 1항과 같은 일시, 장소에서 피고인으로부터 위 1항과 같이 폭행을 당한 D의 비명 소리를 듣고 달려와 피고인을 제지하는 피해자 F(49세)에게 욕설을 하며 그곳 맥주 박스 안에 있던 위험한 물건인 맥주병을 들고 피해자의 머리를 1회 내려쳐 맥주병을 깼다.

After that, the defendant, who is a dangerous object, inflicted an injury on the victim, such as an open wound, which requires approximately two weeks of treatment to the victim by the knife of the victim's snife.

Summary of Evidence

1. Partial statement of the defendant

1. Each legal statement of witness D and F;

1. The prosecutor's protocol of interrogation of the accused (including D's statement)

1. Each written diagnosis;

1. Application of statutes on site photographs;

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 (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant, with the head of the victim D left from plastics; and (b) the victim F head of the victim to restrain the Defendant, as a beer’s disease; and (c) the victim’s head to restrain the Defendant, as a beer’s disease.

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