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(영문) 광주지방법원 순천지원 2013.04.12 2013고단127
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 December 17, 2012, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) was found in the house of the victim D (n, 47 years of age) located in the Singing-si C around December 17, 2012, based on the reason why the Defendant and the victim are hedging, but the Defendant was said to be the Defendant without responding to it.

From the victim, the head of the beer disease, and the empty beer disease of the dangerous object was collected, and the head of the victim was cut, and the right hand hand hand hand of the victim who tried to prevent the beer disease.

Accordingly, the defendant carried dangerous things with the victim and inflicted an injury on the victim, such as an open room for the fingers requiring medical treatment for about two weeks.

2. On December 10, 2012, the Defendant, who entered a residence, opened a gate that was not locked with the Defendant, and intrudes into the victim’s house living room in order to take into account what the reason why the Defendant and the victim want not to meet is, on the other hand, around 19:30, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc., Article 2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act concerning the crime (the point of intrusion upon residence, the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment of Violences, etc. (Violation of the Punishment of Minor Acts, etc. with Excessive Punishment Act (Aggravated Punishment of Crimes, such as Group, Deadly Weapons)]

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

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

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

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