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(영문) 수원지방법원 평택지원 2012.10.25 2010고단1475
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

At around 01:00 on August 31, 2010, the Defendant started to find out at the victim C's house in Pyeongtaek-si D and 202 on the ground that the victim's spouse could not contact with the victim's spouse, and the victim was in a dispute and demanded that the victim be her and the defendant go her, while the dispute occurred, the Defendant was divided the victim's breast part into her chest and her chest. The Defendant cut off the victim's left hand on the part of the victim's back and her her her her her her her her her her her her part, and cut down a her her her her her her her her her her her her her part, and then she kneed her her her her her her her her part.

As a result, the defendant, using the bags used for the main purpose, which are dangerous objects, inflicted an injury on the victim, such as the left-hand body, which requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the part in which the statement is recorded inC);

1. Each police statement of C and E;

1. Application of a medical certificate of injury, and Acts and subordinate statutes;

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

1. The defendant and his defense counsel's assertion against the defendant and his defense counsel under Articles 32 (1) 3 and 25 (3) 3 and 4 of the Act on Special Cases concerning the Promotion, etc. of Application for Compensation Order, Dismissal of Lawsuit, etc. (the scope of liability for compensation is unclear and it is not reasonable to issue a compensation order in the criminal procedure) are asserted to the effect that the defendant was in a state of mental disorder under the influence of alcohol

According to the evidence above, although the defendant seems to drink at the time of the above crime, in light of the circumstances leading up to the crime, method of the crime, and circumstances after the crime, etc., the defendant may change things at the time of the crime.

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