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(영문) 창원지방법원 진주지원 2015.08.26 2015고단496
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 29, 2015, at around 23:30 on May 29, 2015, the Defendant: (a) delivered and took a bath of the victim D (the age of 61) who is not good between the Defendant and the victim as a matter of interest, such as the attraction of ordinary lodging customers, etc. on the street before the arrival of the ship in South-west Sea C; (b) made one time the left head of the victim’s left-hand head by inserting construction inserting dangerous objects used by the chemical (No. 1, No. 32 m in the inserted length, No. 70 m in the inserted length). The Defendant continued to put the victim’s left-hand shoulder, arms, legs, etc. on the ground floor by the inserting the victim’s left-hand shoulder, and inflicted injury on the victim, such as the mouth of the left-hand 49 days need to be treated.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A certificate of injury diagnosis, request for medical treatment of an emergency patient, or a copy of medical records;

1. Each photograph, video CD;

1. Application of the existing Acts and subordinate statutes of one sheet (No. 1) inserted in seized articles;

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 62 (1) of the Criminal Act;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Aggravationd factors of special injury (special salvists): serious injury or cruel mitigation factors of punishment: Imprisonment with prison labor for not less than three years but not more than five years; and

2. The Defendant, who has made a decision on the sentence of sentence, made a spit of the victim's head, etc. taking advantage of construction inserted in dangerous articles, and continuously made the victim's head, etc. without suspending the crime although the victim spits or spits the victim's spits, and complains of pain, not only is the risk of such

In addition, the fact that the victim suffered serious injury due to the crime of this case, and the defendant seems to have suffered bodily injury from the victim even around October 2014.

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