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(영문) 광주지방법원 목포지원 2015.07.13 2015고단301

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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 became final and conclusive.

Reasons

Punishment of the crime

At around 22:30 on February 28, 2015, the Defendant, on the ground that the victim E (the age of 24) was playing in the name of a woman-friendly Gu of the Defendant, on the ground that the victim E (the age of 24) was replaced by the name of the her head, and on the ground that he was fluencing the victim’s her head, the Defendant laid the victim’s head, who was in the victim’s head, with about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crimes: Type 1: Habitual injury, repeated injury, and special injury:

2. Determination of the scope of sentence: The lower limit of the scope of sentence is not modified according to the lower limit of the applicable sentencing range, even though there exist at least two persons who are subject to special mitigation in one year and June.

2. Two years and six months (a person who is subject to special mitigation: Minor injury or person who is subject to special mitigation: A person not subject to punishment)

3. Determination of a sentence and suspension of execution shall be made by discretionary mitigation within the scope of the sentencing guidelines in consideration of the fact that the accused acknowledges and reflects his/her mistake, the injury suffered by the victim is minor, the fact that the victim has agreed with the victim, the fact that the accused appears to be a contingent crime, the fact that there is no other criminal record against the accused other than the punishment once by fine, the age, character and conduct of the accused, family relationship, etc., and the execution thereof shall be suspended