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(영문) 창원지방법원 2014.01.14 2013고단3185
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Seized evidence subparagraph 1 shall be confiscated;

Reasons

Punishment of the crime

The defendant and the victim C(the age of 46) are married married couple around August 2013.

On October 20, 2013, the Defendant: (a) around 00:05, at the “E” restaurant located in Kimhae-si, Kim Jong-si, the residence of which was 00:05, caused bodily injury to the Defendant, such as double scopic, which requires treatment for about 21 days, by making the victim's head left part of the victim's body and parts of the part, which are dangerous articles in the above restaurant (30cm in total length).

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Records of seizure, the list of seizure, and reports attaching photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act is extremely poor in the quality of the crime that the defendant has inflicted bodily injury by getting off the victim's head and the part of his body and the part of his body and the part of his body in a multiple times due to the loss of his body, the victim's failure to agree with or have been used so that the victim's body wanted to be punished strictly by the defendant, and the defendant has the record of punishment for the same kind of crime

However, the punishment as ordered shall be determined by taking into consideration the favorable circumstances such as the fact that the defendant's mistake is recognized and against the defendant, the degree of injury of the victim is not excessive, and considering all other circumstances that form the conditions for sentencing, such as character, conduct and environment of the defendant, etc.

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