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(영문) 광주지방법원 순천지원 2014.11.19 2014고단1550

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

except that 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 August 21, 2014, the Defendant: (a) around 12:00 on August 21, 2014, on the ground that the victim D(60 years of age) who had been a guest from C, operated by the Defendant, was able to take the examination of the Defendant, and had the victim take care of the body of the victim, which is a dangerous thing in the table, and had the victim suffered bodily injury for about 1 week.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do148, Apr. 1, 2011>

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);