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(영문) 광주지방법원 순천지원 2013.04.18 2012고단3207

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

On August 30, 2012, at around 00:10, the Defendant 200:0 and around 00:10, the Defendant 200 am together with D, a place of work, a restaurant called D, which was located in a common place, divided the victim E (the age of 43) in which D was aware of.

However, the victim F(43 years of age) of E following the victim E is misunderstanding that E and D have a conflict with each other, and the chest part of D was tightly damaged by the victim's chest part.

Accordingly, the Defendant 73 cm up to 73 cm in length, which is a dangerous thing on the road in the vicinity of the Defendant, continued to get off the part of the head of the Victim E once, and the part of the head and the shoulder of the Victim E once.

As a result, the Defendant carried a dangerous object, carried a roposive debt, and carried a two-time medical treatment for about two weeks to the victim F, and put the two open measures to the victim E, which require approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Each written diagnosis (F, E);

1. Application of Acts and subordinate statutes governing evidence 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, in which case D has committed violence from the victim F, resulting in

1. Probation and community service order under Article 62-2 of the Criminal Act;