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(영문) 수원지방법원 2013.08.22 2013고단2250
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant had a good appraisal against the Defendant on the ground that he was unable to properly manage the excreta discharged from the farm while operating the original farm by the victim F(39 years of age) who was living in neighboring areas.

At around 10:00 on April 27, 2013, the Defendant: (a) resisted the victim’s malodor around the original farm entrance operated by the victim, and (b) resisted the victim’s malodor against the excreta; (c) made the victim’s noise; (d) made the victim’s head one time by taking the hack pipe (94 cm in length, diameter 2 cm in diameter), which is a dangerous object in the surrounding area, in both hands; and (e) made the victim’s head and face two times in a pipe, once again by the victim’s head and face, and caused injury to the victim by taking approximately 42 days into account the victim’s 42-day treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. An injury diagnosis certificate and each medical certificate;

1. Application of Acts and subordinate statutes on criminal tools and field 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. It is so decided as per Disposition on the grounds of above Articles 53 and 55(1)3 of the Criminal Act (i.e., that the defendant has made efforts to recover damage, such as deposit of KRW 15 million, etc.).

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