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(영문) 광주지방법원 2013.08.14 2013고단1613

상해등

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

1. On March 28, 2013, the Defendant: (a) around 04:0, around 00, 2013, in the “E-sing practice room” operated by the victim D (the age of 55) located in Gwangju Northern-gu C; (b) had the victim’s face with drinking with the victim, and had the victim’s face with drinking; and (c) had the victim’s head knife and knife; and (d) had the victim’s head knife and knife the victim’s knife; and (d) had the victim’s knife and knife knife knife kn

2. The Defendant violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) committed a violation of paragraph (1) at the time and place specified in paragraph (1); the victim F’s face that the Defendant would at the time and place is drinking; the victim’s head was taken from a beer disease, which is a dangerous object on the table table, leading the victim to another room, leading the victim to the victim into his head; and the victim was sprinked two weeks of medical treatment.

Summary of Evidence

1. Legal statement of witness D;

1. Examination protocol of police suspect regarding D;

1. On-site reports;

1. Each injury diagnosis certificate and each medical record sheet;

1. Application of statutes, such as site photographs;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; Article 257 (1) of the Criminal Act (the point of injury by carrying a deadly weapon; the choice of imprisonment with labor);

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment of concurrent crimes within the scope of adding up the maximum term of two crimes prescribed for the crime of violation of the Punishment of Violences, etc. which is heavier than the punishment) ;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the injury suffered by the victim is not significant, that the defendant has no criminal record exceeding the recent fine, and that the defendant seems to have been subject to assault from the victim);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Social service order under the Criminal Act;