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(영문) 광주지방법원 2014.04.23 2014고단746

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The punishment of the accused shall be determined by one year and six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 02:00-04:00 on February 19, 2014, the Defendant had a 'D' restaurant in the 'D' group in the Manae Ma-gun, the Republic of Korea, with the victim E (the 49 years of age) and the 'Newn' while drinking the 'Newn'. The Defendant had a dispute with the victim during drinking the 'Newn', 'Newn', which was a dangerous object on the table of the 'Newn', and caused the victim to damage of the head part in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of the police statement of E;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

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 (Considerations, etc. agreed with the victim);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the fact that there is no criminal record of imprisonment without prison labor or any heavier punishment);

1. Scope of the sentence that may be sentenced [Determination of types of punishment] - Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury), and Special Injury (Special Bodily Inflicting Person] - [Determination of the area of recommendation] mitigation area [the scope of recommendation area] - From June to two years and six months [the general person] - radius from June 1 to June 2 years and six months (the general person of punishment] mitigation area; reflects which are serious factors of mitigation;

2. Whether or not to add a stay of execution - The reason for major reference - The reason for positive punishment - the reason for general reference : the health of the defendant who has no criminal record of a stay of execution of half or more positively, is very good; and

3. One year and six months (two years of suspension of execution of sentence) of imprisonment with prison labor;