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(영문) 광주지방법원 순천지원 2015.07.17 2015고단415

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

At around 02:00 on February 27, 2015, the Defendant collected beer’s disease, which is a dangerous object on a table, while drinking mixed alcoholic beverages, and went to the victim E (year 41) who was drinking alcoholic beverages in a nearby room without any reason, and had the victim undergo approximately two weeks of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs of the head and the upper part of the victim's head;

1. Application of Acts and subordinate statutes of a medical certificate;

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. 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. In the case of probation, community service order, and the reason for the sentencing of Article 62-2 of the Criminal Act [the scope of recommendation] Habitual injury, repeated injury, repeated crime, and special injury, the mitigated area (one year and six months to two years) / [special mitigation] the mitigated area (including a serious effort to recover damage) or considerable damage (the decision of sentence ] where the defendant commits the instant crime during the suspended execution period of one year and six months, two years of suspension of execution, two years of probation, community service, 80 hours, 40 hours in alcohol treatment course, etc., the crime of this case is not good in light of the fact that the defendant commits the instant crime during the suspended execution period, but it is judged as ordered by the disposition. However, considering the fact that the defendant commits the instant crime, only the victim and the victim have agreed smoothly, and the crime of this case has been committed by contingently.