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(영문) 광주지방법원 해남지원 2015.08.27 2015고단293

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 2014, the Defendant is a person who is living together with the victim C (here, 53 years of age).

On July 6, 2015, the Defendant: (a) around 00:15, the victim who operated the said tenant bank in E-riju area located in Jeonnam-gun, Namnam-gun; and (b) during the dispute between the victim and the victim on the grounds that the victim did not enter the house, the Defendant was faced with the inner room of the said tenant bank where the victim was the victim; (c) on the other hand, the number of beer and beer in the instant beer in the instant beer; and (d) the number of beer and beer in the instant beer in the instant beer, the Defendant sustained the injury on the number of days of treatment in which the victim would tear the right side of the victim, and caused the injury on the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (on-site exit status, etc.);

1. Application of statutes on site photographs;

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 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Type 1 (Habitual Injury, Bodi Bodily Injury and Special Bodily Injury) (Special Mitigation) (person who habitually Injury, Bodily Injury and Bodily Injury) (person subject to recommendation), as the area of mitigation of punishment (decision of the recommended area), as the area of mitigation (one year and six months of imprisonment to two years);

2. Determination of sentence: The above sentence shall be determined in full view of all the conditions of sentencing as shown in the records and arguments in the instant case, including one year and six months of imprisonment, three years of suspended execution, the fact that the Defendant has no sentence imposed due to the same crime, the victim is the Defendant’s wife against the Defendant, and the Defendant’s age, character and conduct, environment, motive and circumstances of the crime, circumstances after the crime, relationship between the Defendant and the victim, etc.