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(영문) 광주지방법원 2013.08.23 2013고단2508

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 February 27, 2013, the Defendant: (a) around 00:40, around 00, up to the “Dju” room in Donnam-gun C, and (b) up to the “Dju” room in Donnam-do, the Defendant collected beer disease on the part of the victim, which is a dangerous object on the part of the victim E (year 47) and drinking on the ground that the victim was her frighten and her frighted, and caused the beer disease to run away from the wall adjacent to the head of the victim, and caused about two weeks to fall off from the victim’s head, thereby making the victim take up two-time open tops in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, and Article 257 (1) of the Criminal Act (the point of bodily injury while carrying 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 (1) of the Criminal Act;

1. Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. provide for the following: (a) a dangerous object with reason for sentencing has inflicted an injury on a victim as a beer disease; and (b) a defendant has committed two identical crimes of violence. However, the defendant's mistake is contrary to recognizing the defendant's mistake; (c) the defendant has no criminal record for ten (10) years prior to the crime of this case; (d) the victim has not been severely injured; (e) the motive and background of the crime of this case; and (e) the motive and background of the crime of this case, the defendant's age, character and conduct, the environment