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(영문) 광주지방법원 순천지원 2013.10.16 2013고단1474
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. Around 11:05 on April 14, 2013, the Defendant violated the Punishment of Violences, etc. Act (injury by collective, deadly weapons, etc.) reported that the victim E (the age of 67) who is a dual-type victim in the body room of the Defendant’s Donyang-si (the age of 67) performed d's breathing and spathing as a matter of property distribution, and that he performed spathing, the Defendant d's spathing, which was a dangerous object on the floor of the living room, was faced with the head part of the victim, and when the victim's face, spathal part, and spathal part of the bones were 35 days for the victim to receive treatment.

2. On May 9, 2013, at around 22:25, the Defendant suffered injury: (a) at the house used D in Manyang-si F in Manyang-si on the orchard, the Defendant re-fluored D in the process of paying City expenses due to the distribution of property by the o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of Acts and subordinate statutes of an injury diagnosis certificate and diagnostic 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, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Jan. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

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