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(영문) 광주지방법원 목포지원 2015.05.28 2015고단299

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

At around 18:30 on January 28, 2015, the Defendant drinking alcohol with victim E (60 years of age) along with “D” located in Sinpo City C, and under the influence of alcohol, the Defendant saw the victim’s head to be a small-scale illness, which is a dangerous object when he/she was blicker, and led the victim to approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A copy of a certificate of medical records (Evidence No. 14), medical certificate (Evidence Record No. 22);

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. Grounds for sentencing (hereinafter the following grounds for sentencing) under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation;

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. In light of the fact that the Defendant, on April 4, 2014, was sentenced to a suspended sentence of two years due to the crime of interference with business and the crime of causing property damage at the wooden Branch of the Gwangju District Court, on June 12, 2014, and the judgment became final and conclusive on April 12, 2014, the Defendant committed the instant crime during the suspended sentence period, and that the statutory penalty for the violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, Etc.

However, in consideration of the fact that the defendant's mistake and reflects, the fact that the defendant has agreed with the victim, the injury suffered by the victim is easy, the fact that the defendant appears to be a contingent crime, the age and character of the defendant, etc., the punishment of the defendant shall be mitigated and mitigated within the scope of the sentencing guidelines.