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(영문) 전주지방법원 군산지원 2015.02.11 2013고단956
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for one year.

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. Around June 29, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) reported that the victim D (the age of 46) living together with E, a female living together (the age of 102 Dong and 903) c apartment 102 Dong and 303, a Gunsan-si, was drinking through E, and the victim was frightened once again, and the victim was c-4 times c-4, a snow part of the victim's eye by drinking alcohol, 3-4, a part of the victim's snow part of the victim's eye, a continuously dangerous object, two times the left part of the victim's eye, and a frightening act, such as a frightening fright at the victim's head.

2. In the date and time set forth in paragraph 1, the injured Defendant, while assaulting D at the above location, sealed the head of D in the funeral glass, and sponsed the head of D with the head door door door to the victim F (n, 10 years of age) with approximately two weeks of treatment on the shoulder side of the victim, and put about approximately two weeks of treatment on the shoulder side of the victim (h 5-6cm) and on the left side shoulder.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in relation to D, F, and E;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act include: (a) the accused has been punished several times as violent crimes; (b) the content of the instant crime by using tools against victims in de facto family relations is not less than that of the victims; and (c) the victims are expected to have suffered considerable mental impulses due to the Defendant’s violent acts committed within home; and (d) the Defendant committed a crime that is disadvantageous to the Defendant.

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