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(영문) 창원지방법원 진주지원 2013.07.17 2013고단630
폭력행위등처벌에관한법률위반(상습상해)
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

On March 7, 1989, the Defendant is punished by a fine of KRW 100,00 for a violation of the Punishment of Violences, etc. Act, on December 8, 1995, by a fine of KRW 300,000 for a violation of the Punishment of Violences, etc. Act in the branch court of the Busan District Court on April 8, 1995, on April 8, 1997, two years of a suspended sentence of imprisonment for an injury, etc. on January 12, 200, in the above branch court of the same Dong on January 12, 200, two years of a suspended sentence of imprisonment for 10 months; on April 18, 200, by a violation of the Punishment of Violences, etc. Act at the Busan District Court on April 18, 200, with a fine of KRW 100,000 for the above branch court of the same Dong branch court on July 24, 2009; and each person who received a suspended sentence of KRW 205.

At around 16:30 on March 28, 2013, at a store with no trade name in front of C elementary school located in Chungcheongnam-gun, Chungcheongnam-gun, Busan, the Defendant: (a) seeed the time expenses to the victim D (the age of 64) in consideration of the situation; (b) fighted with the victim who is in question, and went beyond the ground floor to the victim; and (c) kidd the victim’s body fighting; and (d) kidd the victim’s left eye immediately after asking the victim’s eye, the Defendant habitually inflicted an injury on the victim during treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the damaged photograph (A, D, and F);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the defendant is against the defendant, that the defendant was agreed with the victim, and that the extent of damage is minor);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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