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(영문) 창원지방법원 진주지원 2013.12.30 2013고단1184
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On November 18, 2013, around 17:15, the Defendant discovered that the victim E(10 years of age) was in front of the “D Driving Schools” located in Sacheon-si C, and took them following the Defendant’s accompanying, and caused the Defendant to walk up the victim (15cm, length 12cm, thickness 5cm).

The Defendant, where the victim was in contact with the right solitary area where the Defendant was placed, was her flicked one time to her flock of the victim, and her flick back again by her flocking the part of the victim’s left head.

As a result, the defendant put the victim into two sides, the study, and the diagnosis that require the victim's treatment for 20 days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Records of seizure, list of police officers;

1. A written diagnosis of injury;

1. Application of each statute on 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 mitigations under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances specified in the grounds for sentencing):

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Code is that the defendant led to the crime, and the defendant commits a mistake. However, the defendant, without any special reason, left the door of the victim who is 10 years of age, and gets injured by the method of making him/her a head by going through a stone again. Nevertheless, no damage recovery is achieved, and the defendant was suspended from execution by using violence without any reason, and the same power as the defendant was two times under the influence of alcohol reaches 16 times. Thus, the defendant's punishment like the disposition is imposed because it is necessary to take measures to isolate the defendant in society for a certain period, considering the fact that the nature of the crime is heavy.

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