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(영문) 광주지방법원 해남지원 2016.01.21 2015고단541
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant and the victim C (the age of 83) live in the same village as neighboring land, and there was a lot of gold stuffs in the victim C's house during several years, but the defendant brought about the above gold booms, and the defendant was found in the house of the victim C frequently, and the defendant was found in the house of the victim C.

“The situation was not good for each other, such as complying with the foregoing.”

On August 29, 2015, at around 09:00, the Defendant found at the victim C’s house located in Donnamdo, Namnamdo, and Dondonnam-do, and brought in the bee of the victim E ( South, 83 years old), the husband of the victim C, who was the husband of the victim C, who was the husband of the victim E ( South, 83 years old). When he met the victim E’s hot body with a dangerous object, alkin (83 cm in length) at the time and at the above place, the Defendant deducted the victim E from the part of the above cane of the victim, such as the victim’s her hand, when he inflicts the victim’s hand, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes to criminal investigation reports and report internal investigation (Attachment of a medical certificate of injury);

1. Relevant provisions of the Criminal Act and Articles 258-2 (1) and 257 (1) of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant assaulted the victims of old age who reside in neighboring areas with Aluminium stick, which is a dangerous article.

In particular, in the case of victim E at the time of the incident, the victim E is in a state of inconvenience and almost no resistance against the defendant.

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