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(영문) 전주지방법원 남원지원 2014.01.14 2013고단270
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 07:20 on October 14, 2013, the Defendant assaulted the victim E (the 17-year-old) on the street side of D located in Namwon-si, Namwon-si, who was dissatisfied with the Victim E (the 17-year-old) and was dissatisfied with the Victim’s pro-Japanese F of the F of the Defendant before the day before the Victim’s friendly arrest. The Defendant said that “in her country,” “in her country, her country, her her her her her her her her her her her her her her her her her her her s

2. On October 14, 2013, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) : around 07:20 on October 14, 2013, the Defendant took her head from the victim H (18 years of age) in front of the G convenience store in Namwon-si, Seoul, by her hand without any justifiable reason; she took her head from the victim’s head at 4 times with another hand; she took her face at knee; she continued to take her head from the victim’s head at the place described in paragraph (1) ; and she took her head from the victim’s head at 5 times with another hand; and she took her head from the back of the victim’s head by taking care of the wall, which is a dangerous object in the old, and her head at the back of the victim’s head; and she opened the victim’s face for 2 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. Application of Acts and subordinate statutes to the reply of the President of the International Hospital;

1. Article 260 (1) of the Criminal Act that applies to the relevant criminal facts, Article 260 (1) of the choice of punishment, Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the point of injury to carry dangerous articles);

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment of concurrent crimes within the extent that the sum of the long-term punishments of crimes in violation of the Punishment of Violences, etc. which are heavier than punishment and the injury by a deadly weapon,

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. Article 62 of the Criminal Act:

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