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(영문) 광주지방법원 목포지원 2013.11.22 2013고단1327
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant, around 00:40 on July 17, 2013, around 00:40, at the 1st 600 copon of the D main points located in Sinpo City C, on the ground that the victim E (the age of 46) neglected the Defendant’s wife, at the time of plastic contact, 1) the victim’s right maw at one time, and 2 Hobbbe, who is a dangerous object, left the victim’s head one time as the niter’s disease.

계속하여 피고인은 의자에 앉아 있는 피해자의 옆으로 다가와 손으로 피해자의 목을 1회 쳐서 바닥에 넘어뜨린 후, 그곳에 있던 의자로 피해자의 머리를 1회 내리치고, 넘어져 있는 피해자의 머리, 턱, 가슴 등을 발로 수 회 걷어찼다.

Therefore, the defendant suffered bodily injury, such as the complete escape of the baby, the ambath, etc., which requires approximately 28 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Each written diagnosis of injury to E;

1. Application of the Acts and subordinate statutes to photographs of the scene of crime, and the parts of the body photo;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (the fact that the commission of a crime is recognized and reflected, the fact that there is no force to punish violent crimes other than the fine imposed three times from 1988 to 199 as a violation of the Punishment of Violences, etc. Act, and the fact that the victim has agreed with the victim, together with the relationship between the defendant and the victim, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

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