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(영문) 광주지방법원 순천지원 2015.03.13 2014고단2286

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. Around 17:00 on September 19, 2014, the Defendant used assault against the victim E (59 years of age) and the marine fishing point line in the “D” located in Gosung-gun C, Haak-gun, Haban-gun, which came to fall under a dispute, and used the victim at one time to gather the victim with his/her hand, and used the victim with his/her her her son at one time.

2. Around 18:22 on the same day, the Defendant violated the Act on Special Cases Concerning the Punishment of Violence, etc. (injury by a Deadly Weapons, etc.) caused the assault in front of the “G” restaurant located in F, and caused the victim to suffer damage, such as damage to the outer side of the bucker in need of treatment for approximately three weeks, by taking the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife with the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement made to H and I;

1. Each report on investigation;

1. Photographs photographs of blades;

1. Application of Acts and subordinate statutes to copies, such as a written injury diagnosis;

1. Article 260 (1) of the Criminal Act, Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is the first crime (the scope of recommendations) (the carrying of dangerous objects) (the scope of recommendations), habitual injury, injury by repeated offender and special injury.