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(영문) 창원지방법원 진주지원 2013.04.09 2012고단2018
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 10, 2012, the Defendant committed the crime against the Victim C at the point of “F” operated by the E in Sacheon-si, Sacheon-si, on August 10, 2012, when the victim C (the age of 48) was the head of G, the Defendant’s day-to-day illness, and the victim was injured by the victim, while fighting with his body, while fighting with the victim, she faced the Defendant with the shoulderer’s face to the face of the Defendant, and caused the injury to the Defendant by the shoulderer’s shoulderer who was a dangerous object on the tables, and caused the victim’s left loss, etc. on one occasion, which is the dangerous object on the tables, with which the number of days of treatment cannot be known to the victim.

Accordingly, the defendant sustained an injury to the victim by carrying dangerous articles.

2. The Defendant committed the crime against the victim E, at the time and place specified in paragraph (1), and at the above time and place, sustained the victim E’s right hand hand, etc. one time due to a shoulderer disease, which is a dangerous object for the victim’s horse, with the victim’s right hand, etc., which requires approximately five weeks of treatment.

Accordingly, the defendant sustained an injury to the victim by carrying dangerous articles.

Summary of Evidence

1. Each legal statement of witness E, C and H;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution against C;

1. Each police suspect interrogation protocol against the defendant (fourth) and C;

1. Each police statement of E and H;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes concerning damaged photographs and C injury photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., exemption from the punishment of victims and extenuating circumstances such as the degree of damage);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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

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