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(영문) 창원지방법원 진주지원 2015.11.26 2015고단998
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is the victim C(53 years of age) and the students of elementary school.

On August 19, 2015, the Defendant had a dispute with the victim about his/her six degree of same relationship with his/her own six degree of relationship, and the following seal is affixed because his/her appraisal has not been unfolded.

8. 20. 01:20, Gyeongnam-gun, Busan-gun, sought to be E in the operation of victims.

The Defendant was unable to avoid disturbance, such as cutting off the entrance door of the above industrial company, and cutting off “Bad. B. B.”, and the victim took the hack pipe ( approximately 68cm in length, 2.3cm in thickness, 2.3cm in front) which is a dangerous object in the vicinity of the marct as an industrial company parking lot, and caused the damage to the victim’s head, so far as it is difficult for the victim to take up the head on one occasion, thereby causing the damage to the victim’s head, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Records of seizure and the list of seizure;

1. On-site photographing report, emergency medical certificate, and application of the statutes governing USB;

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of the recommended sentence according to the sentencing guidelines [the range of recommendations] the basic area (two to four years) (two years) of the types of habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, special injury) shall be classified under subparagraph 1;

2. The crime of this case by the sentence of sentence was committed by the Defendant in a dispute between the victim and the victim, but during the night when the appraisal was not made, the victim was found in E, and thereby the victim was inflicted an injury on the victim by the head of the victim by the hack pipe, which is a dangerous object in the victim’s slurbing. The method of the crime and the part of the assault, etc. are very dangerous. The injury suffered by the victim is not easy, and the nature of the crime is not very good, and the defendant deposited 2 million won for the victim at the investigation stage, and the defendant deposited 2 million won for the victim from the victim up to now.

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