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(영문) 광주지방법원 해남지원 2015.10.08 2015고단366
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

Around 09:30 on August 20, 2015, the Defendant was under the influence of alcohol from the victim C (here, 64 years of age), with the husband of the victim C, and around 09:30 on August 20, 2015, the Defendant was under the influence of alcohol from the victim in the Defendant’s residential area D, “breging red ginseng as he has a good body,” and “breging red ginseng by drinking in a horse, hinging the horses, hinge, hinging the wind, hinging the victim’s face and body, hing the victim’s body and body several times, the victim took or continuously took part in the victim’s face and body, and continuously took part in a dangerous object under the floor of the said residential area, and hing the victim’s clothes with a bresh (18cm in length), and hing the victim’s clothes by using another hand, and then cut back the victim’s clothes in one way.

As a result, the defendant, while maintaining a well who is a dangerous object, inflicted an injury on the victim, such as an open upper part of a chest-after wall that requires approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A written diagnosis of injury;

1. Records of seizure and the list of seizure;

1. A detailed statement on the handling of reported cases, emergency medical services log, emergency measures report, and reports on the results of field identification;

1. Application of field photographs, criminal tools, photographs of victims, and statutes on site photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Type 1 (Special Mitigation Measures) (Habitual Injury, Bodi Bodily Injury, Bodily Injury), and Special Injury (Special Mitigation Measures) (Special Mitigation Measures) (Determination of the area of recommendation), mitigation area (one year and six months from June to June) of the sentencing guidelines;

2. The crime of this case in which the sentence of sentence is to be pronounced is committed by assaulting the wife without the defendant's netization, and with the improvement.

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