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(영문) 광주지방법원 해남지원 2013.09.04 2013고단138
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 May 13, 2013, at around 21:20, the Defendant: (a) brought the victim’s face several times in drinking, and (b) went beyond the victim’s body by hand, on the ground that the victim C (the age of 61) took a bath to the wife of the Defendant’s wife who was getting on and passing through the vehicle around the same day when the victim C (the age of 61) was in front of the divers in front of the knives located in the territory of the south-Namnam Navy, the Defendant brought about the victim’s divers for approximately two weeks of treatment.

2. Around 09:30 on May 15, 2013, the Defendant: (a) brought a hack pipe, which is a dangerous object in the mash, and expressed the victim’s hack to the effect that the victim C (the age of 61) was found at the Defendant’s house located in the south-Namnam-gun, west-gun, to compromise the injury case under paragraph (1) above; and (b) hack the victim’s hack to the extent that “if the hack hack is found to be anywhere the hack hack hack, and then the hack hack hack hack hacks off,” and hacked the victim’s chest part one time with the above hack pipe, twice the victim’s arms, the victim’s et al., side hack, and the hack hack hack hacks that require approximately nine weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Each injury diagnosis letter (C);

1. Application of the Acts and subordinate statutes to the standing photographs and photographs of the C upper parts;

1. Article 257 (1) of the Criminal Act applicable to the crime, Article 257 (1) of the same Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the victim has agreed smoothly with the victim and that his/her mistake has been pened in depth and reflected therein);

1. The defendant's age, character and conduct shown in the records of this case in addition to the grounds for discretionary mitigation under Article 62 (1) of the Criminal Act.

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