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(영문) 창원지방법원 통영지원 2015.02.05 2014고단1143
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The injured Defendant was between the victim C (77 years of age, women) and the Dong Neuk neighbors, and was suffering from dementia from dementia at any time before about one year prior to the Defendant’s home, and, “the Defendant and his mother have stolen his house and her mother on our home, she has stolen his house and her house at our home,” so that the disturbance was not good between them.

On July 10, 2013, the Defendant: (a) at the home of the Defendant located in D at the time unsatisfying time, the Defendant sought again, and (b) led the disturbance out of the Defendant’s body by bringing it back to the victim, and (c) by hand.

As a result, the defendant committed double trade in need of treatment for about two weeks to the victim.

2. A victim C who violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) was found at the home of the above defendant around March 17, 2014, and was able to avoid any disturbance as described in paragraph (1).

At around 23:30 on March 20, 2014, the Defendant sought the victim's house located in E, who was subject to the above disturbance. However, on the ground that the victim was able to see why she was ever and she was her at the village house, he she she saw her to her her her her her her her her her her her head part (50 cm, 1 cm, 5 cm in length, her her head part), her head part, her her head part, her her her head part, her her part, and her her arms part, respectively.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as mination of flags, which requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Photographs of damaged parts;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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