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(영문) 대전지방법원 홍성지원 2013.04.24 2012고단1098
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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 had different opinions with the victim as a result of the disposition of clan land in the family (math, 51 years old) and the third degree of relationship with the victim.

At around 20:40 on November 13, 2012, the Defendant told that the Defendant would be her standing member of a clan without having a contact with the clan, and that the Defendant would be her time to see whether he would have to do so, and that she would have been her fluencing to the front of the family of the victim D in Chungcheongnam-nam Budget-gun, and her each item (150cm in length x 3.6cm in length x 3.6cm in length) of dangerous articles he was he she was her at hand, her right end is 1 time, and the victim's right end is 1 time, and the victim's face is her body fluencing to the body of the victim who was used on the floor, and the victim tried to avoid this her face, and she fell off to the floor below about 4 meters.

The Defendant carried dangerous articles as above and inflicted injury on the victim, such as the dives dives of the left-hand bones, which requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. A written diagnosis of injury;

1. C damaged photographs;

1. Application of statutes on site photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Circumstances in which the following reasons for sentencing are described):

1. Article 62 (1) of the Criminal Act ( repeatedly considering factors, etc. describing the reasons for sentencing following the suspended sentence);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a case where the defendant inflicts bodily injury on the victim who is a dangerous object, and even in light of the motive of the crime, the nature of the crime is not good, and the defendant did not reach an agreement with the victim and the victim wanted strong punishment, etc. is an element of sentencing unfavorable to the defendant.

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