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(영문) 대구지방법원 서부지원 2015.12.24 2015고단2037
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a foreigner of Vietnam's nationality who entered the Republic of Korea on August 18, 2008 as a non-professional employment visa (E-9) and whose sojourn period expires on April 13, 2013.

The Defendant conspiredd to inflict injury on the victim by finding a woman-friendly Gu C (Benefit.D) with the victim’s friend to return to the victim E, and by finding the victim’s friend as the victim was first in the friend of the above C’s friend and the E in the friend to the above frith place of the frithm.

On March 1, 2014, around 20:00 on March 1, 2014, the Defendant and E prepared the iron strawer and each item, and around 20:00, around the house of “G” (C) adjacent to the Seogugu, Seo-gu, Daegu, the Defendant and E sent the victim’s head at one time with the iron strawer who was prepared in advance, and the Defendant took the head, face, etc. of the victim at one time.

As a result, the Defendant conspiredd with the above E, carried each item of dangerous thing with the victim’s bones, embell, and dunes, etc., where it is impossible to identify the treatment period.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning E;

1. Copies of each police statement to E, H, I, and J;

1. Application of Acts and subordinate statutes to report internal death (verification of details of hospital treatment of victim E);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (1) of the Criminal Act, Article 30 of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2009Do14

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