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(영문) 창원지방법원 통영지원 2015.04.16 2015고단103
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(the age of 35, the North Korean defectors) were the E collaborative company in the city D from F, which is the E collaborative company in the city D, to be the spores, and were living together in G at the company lodging in the city.

1. On September 14, 2014, the Defendant, in violation of the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.), performed drinking in a ward 201 in the above company’s accommodation, together with the victim and the head of the same company head H, etc., on the ground that the victim went against himself/herself on the horse of North Korea. B, on the ground that the victim went against himself/herself, he/she was suffering from a dangerous object in his/her dwelling, thereby facing the victim’s head.

As a result, the Defendant carried dangerous objects and inflicted bodily injury on the victim for about three weeks of treatment.

2. On October 24, 2014, at the same place as indicated in paragraph (1) around 22:00, the Defendant: (a) brought the victim into the floor on the ground that the victim, while under the influence of alcohol, told himself/herself that he/she “at the breath,” he/she would be faced with the victim at one time, making the victim be faced with the scam at the scam, and (b) turned the victim’s scam with his/her hand in a way that the victim scams and scams down on the floor.

As a result, the Defendant inflicted injury on the victim, such as snow fluor, etc. in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to medical certificates and injury medical certificates;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; Article 257 (1) of the Criminal Act (the point of injury by carrying a deadly weapon; the choice of imprisonment with labor);

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated increase of concurrent crimes within the scope computed by adding up the long-term punishments of crimes in violation of the Punishment of Violences, etc. which are heavier than punishment, to the punishment prescribed in the same Act);

1. Discretionary mitigation Criminal Act;

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