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(영문) 전주지방법원 정읍지원 2016.06.14 2015고단580
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant

A shall be punished by imprisonment for eight months.

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

1. Around 18:45 on July 30, 2015, the Defendant: (a) was found to have known of the contents of the meeting in the closed door of the Defendant’s residence in North Korea-gun E; (b) had a conflict with the victim B (62) about daily treatment; (c) was satisfing the victim’s bat with his hand; and (d) had a length (135 cm, 4.5 cm in thickness) which is a dangerous object at the end; and (d) had one head part of the victim’s head at one time to put about about two weeks of treatment; and (e) had the victim’s head part at two hearts, in which approximately two weeks of treatment is required.

2. On July 30, 2015, from around 18:56 to around 19:20 the same day, the Defendant driven a f2.5 tons truck under the influence of alcohol content of approximately 0.04% from the 4.9km section to the front parking lot of the police station located in the front side of the front west-gun of the Seoul cafeteria located in the boundary line of the front west-gun located in the North west-gun of the North west-gun of the North west-gun of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to attach a written diagnosis of injury to B);

1. A report on internal investigation (specific related to distance, etc.), and a report on internal investigation (attached to the table for handling reported cases, such as specifying operating hours, etc. (12);

1. Statement of the circumstances of the driver involved in driving;

1. Seizure records;

1. Application of Acts and subordinate statutes governing damaged parts and on-site photographs;

1. Relevant Article of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act concerning the facts constituting an offense, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment);

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes with heavy special injury (within the scope of the sum of the long-term punishments of the above two crimes)];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Although the defendant's reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended execution recognizes his/her mistake, in light of the victim's negligence and degree, he/she is liable for the crime, and rather, he/she is responsible for the occurrence of the case to the victim.

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