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(영문) 광주지방법원 순천지원 2013.04.11 2012고단3227
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant inflicted injury on the victim as follows, between the victim C (n, 22 years of age) and the victim living together.

1. On March 1, 2011, the Defendant suspected of having another male in the victim’s house located in W apartment No. 108 1078 dong 1078, the Defendant: (a) asked the victim to visit the other male; and (b) asked the victim’s left side, buckbucks, which are dangerous objects, to go against the part of the victim; and (c) put the victim into the left side of the buckbucks, which requires approximately two weeks of treatment.

2. On March 28, 2012, the Defendant brought about the victim’s face and body part to drinking and sprinking the victim’s face and body part due to the same reason as the place under the preceding paragraph at the place under the preceding paragraph, and led the victim to the loss of the head’s character and sprinking that requires approximately two weeks of treatment.

3. At around 19:00 on June 16, 2012, the Defendant: (a) told the victim at the same place as the above Paragraph (1) and at the same time as the Defendant, and said the victim’s head head to go in the Defendant’s house; (b) led the victim’s head head to go in his/her hand; and (c) took the victim’s her leg by cutting the victim’s head head to the booms the part of the her bridge; and (d) took the victim’s broom, such as the victim’s name and the broom; and (e) took the victim’s head head to the broom, the Defendant sustained the victim’s injury, such as the left head to the left brea

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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 each injury, and the choice of each imprisonment with labor);

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. The fact that an agreement has been reached with the victim under Article 62(1) of the Criminal Act, the fact that it has resulted in an contingent crime in the course of a dispute with the victim living together, and the victim.

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