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(영문) 대전지방법원 공주지원 2012.12.28 2012고단364
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 10:40 on September 6, 2012, the Defendant: (a) was unable to gather and repair D’s house in front of the public road located in C, and (b) caused the victim E(53 years of age) to inflict injury on D’s head on the victim, by making it difficult to repair it on the ground that the victim E’s house was damaged by typhoon, and by making it difficult to do so; (c) the satch, which is a dangerous object in his possession, once with the satis (5m in diameter, 90cm in length) one time, and on the satis (4cm in thickness, 160cm in length) which is a dangerous object in the floor, once the victim’s head head is 1, and on the part of drinking, once the victim’s inner part is satisf, etc. which requires approximately 2 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each injury diagnosis letter;

1. Application of the Acts and subordinate statutes for photograph explanation;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectiveness, initial crimes, agreement, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Consideration for discretionary mitigation);

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