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(영문) 창원지방법원 통영지원 2013.10.30 2013고단224
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 18, 2013, the Defendant violated the Punishment of Violence, etc. Act (a collective injury, etc.), around 13:20 on the following occasions: (a) around 13:20, the Defendant sent the victim D (the age of 51, n) operated in Gyeongnam-gun (the age of 51, n) on the ground that the victim would meet his/her questioning by the suspect; and (b) put the victim into the back part of the part of the victim's body, and then put the victim's body, etc. into the back part of the victim's body, and then put the victim's body, etc. into the part of the victim's body and the part of the left side part of the victim's body, etc. in the number of days of treatment.

2. Around 13:55 on January 18, 2013, the Defendant assaulted the victim by taking the victim G (Nam and 42 years of age) into the Defendant’s seat at the Defendant’s house located in Masung-gun F, Gyeong-gun, Kim Sung-gun, without the Defendant’s permission, on the ground that the victim’s body was taken into the Defendant’s house, and assaulted the victim by taking the victim’s back at one time and one time at one left hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness H and G;

1. Statement of each police statement regarding D;

1. Two copies of a motion picture for damage, two photographs, and the application of Acts and subordinate statutes of a report on investigation (based on the investigation of the degree of damage);

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment) of the Criminal Act;

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

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

1. The Defendant’s defense counsel’s assertion as to the assertion of defense counsel under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution (i., that is an friendly crime, and that the victim D’s wife was sought by agreement with the victim D without heavy injury to the victim D) is that this constitutes self-defense in relation to the point of

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