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(영문) 광주지방법원 순천지원 2015.10.02 2015고단1607

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 becomes final and conclusive.

Reasons

Punishment of the crime

On May 20, 2015, the Defendant, at around 00:01 on May 20, 201, 201, drunkd “D main points” in Whman C, and, on the ground that the victim E (the age of 31) acted to prevent the vessel from being frighted, boomed two times each by the victim’s hand, and boomed the victim’s head head 3 to 4 times with the small main disease, which is a dangerous object that had continued to exist, and led the victim to undergo approximately three weeks’ treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The victim's photograph and diagnostic document;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Reduction elements of types 1 (Habitual Injury, Bodi Bodily Injury), (including serious efforts to recover damage), or where considerable damage has been recovered due to a violation of punishment (including serious efforts to recover damage) or a considerable part of the punishment, the scope of the recommended sentence on the sentencing guidelines [Determination of types] shall be limited to the range of the recommended sentence on the sentencing guidelines: The serious reflect [determination of the recommended area] mitigated area [the scope of the recommendation area] from June to February 6;

2. Where a person commits a crime by committing a crime by force of organizations or multiple groups, or by carrying with him a deadly weapon or other dangerous articles [main reasons for such a crime: positive] The sources of punishment (including serious efforts to recover damage): positive reasons for such crime] (including serious efforts to recover damage: positive reasons for general participation); there is no criminal record of a serious reflect, or of a stay of execution or more;

3. The fact that there are two-time criminal records in the decision of sentence and violent crimes are disadvantageous to the defendant.

However, the victim paid the agreed amount of KRW 1,00,000 to the victim, and the victim is not subject to the punishment of the defendant, and the victim is against his mistake, and there is no criminal conviction or more than a suspended sentence.