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(영문) 수원지방법원 성남지원 2015.05.01 2013고단2712
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

On May 13, 2013, at around 18:15, the Defendant: (a) reported that the victim C(64 years of age) was drinking to the same dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, and instructed the victim to “Ea, Mon-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, and the victim’s physical disorder, who was boomed with the victim’s her body b

E, which is a dangerous object in his/her place, has laid down the head of the victim's head several times by cutting off his/her head and her head several times by cutting off his/her head.

As a result, the defendant had the victim assaulted with dangerous objects E, thereby causing bodily harm to the victim for about 14 days, such as double scopic therapy.

Summary of Evidence

1. Legal statement of witness F;

1. Statement made by C of a witness in the second protocol of trial;

1. A written diagnosis of injury;

1. Application of statutes to certificates of persons with disabilities and copies of medical certificates of mentally handicapped persons;

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; Articles 34 (1) and 31 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Order (the degree and treatment expenses incurred by the applicant for compensation order, and the lost profit, etc. are not clear, and thus, it is inappropriate to issue a compensation order in the criminal procedure) to establish self-defense based on the defense of the defendant and defense counsel, the type and degree of legal interests infringed by the act of infringement, methods of infringement, and the type and degree of legal interests to be infringed by the act of defense.

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