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(영문) 대전지방법원 서산지원 2015.11.12 2015고단708
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

except that 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. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해) 피고인은 2015. 7. 7. 04:30경 당진시 C 402호 피고인의 집에서 방안에 있던 장모인 피해자 D(여, 66세)이 있던 방문을 수회 걷어차 방문 문고리가 부숴지면서 방문이 열리자 위험한 물건인 철제 문고리(길이 약 15cm)를 휘둘러 위 철제 문고리로 피해자의 머리를 1회 맞추어 피해자에게 약 3주간의 치료가 필요한 두피 좌상 등을 가하였다.

2. Injury;

A. At around 01:00 on July 7, 2015, the Defendant committed a crime against the victim E with the external problems of the victim E (the 37 years of age), who was in the said victim’s house, brought the victim’s head collection by hand, shaking the victim’s head head, and spathing the victim’s spath and spath, and spathing the victim’s body and spathing the spath, which led the victim to the need for a medical treatment for about three weeks.

B. Around 04:40 on July 7, 2015, the Defendant committed a crime against the Victim F, when she sees E in front of the wife in the front of the Defendant’s house building, and was prevented from the Defendant F of the Defendant’s wife (n, 41 years of age), the Defendant left the victim’s left side on a one-time basis due to groe or gne, and led the victim to a slebre, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D, E, F, and G;

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 (the point of personal injury with a deadly weapon), and Article 257 (1) of the Criminal Act (the point of injury and the

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Determination as to the Defendant’s assertion under Article 62(1) of the Criminal Act. The summary of the Defendant’s assertion is as follows: (i) the Defendant’s criminal facts, and the Defendant’s question.

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