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(영문) 창원지방법원 2015.01.14 2014고단3265
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for four years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On November 16, 2014, the victim C(55 years old), D(the mother of the defendant), and E, together with others, agreed to reduction in the orchard, but the promise was cancelled due to the following circumstances. The victim did not contact D and E, and the victim did not contact D and E.

Since then, D and E returned to home, while the victim was found in D's house while he was in the influence of alcohol, and brought about D with the said dispute.

Around 12:40 on November 16, 2014, the Defendant: (a) opened a parking lot adjacent to the “Yansansan Center” located adjacent to the Dongdae-gu, Changwon-si, Changwon-si, Seoul, on the ground that the victim paid the her mother, towed the victim’s neck by hand on the ground that the victim caused the her mother to her mother, towed the victim’s neck, walked out, walked the her chest on one occasion; (b) opened a ridge (a) which is a dangerous object located on the alleyway (a 21cm, vertical length, 11cm, height, 11cm, 3.6 km), and opened one ridge, respectively, on the head and left side of the victim’s head and the left side; and (c) taken part in the clothes and head of the her son in excess of the her mother on several occasions.

As a result, the Defendant carried dangerous objects with the victim, and caused the cerebral cerebral throscopia which requires four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

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

1. A medical certificate;

1. Photographs, on-site photograph, and stone photograph;

1. Application of Acts and subordinate statutes on seizure records;

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. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the Defendant committed a crime with a stone and a stone with a dangerous object, and in light of the size and the damaged part of the stone and the present state of the victim, etc., the Defendant committed the crime is very poor to the nature of the crime, and the Defendant was sentenced to imprisonment with prison labor for two years due to a serious injury.

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