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(영문) 광주지방법원 순천지원 2015.11.11 2015고단1322

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 May 5, 2015, the Defendant: (a) around 03:35, on the ground that the victim E (year 45) who was the backer in P in P in P in P in P in P in P in P in P in P in P in P in P in P in P in P in P in P in P in Pacheon City, went to the suspect “Fa Ga.” On the other hand, the Defendant collected Mail World Cup, which is a dangerous thing on his customer, toward the head of the victim; (b) had three parts of the victim’s face; and (c) continued to have five parts of the victim’ face due to drinking and shot outside of the music hall in order for the victim to take five occasions, and had the victim’s face face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Statement of opinion;

1. On-site photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Reduction elements of types 1 (Habitual Injury, Bodi Bodily Injury), (including serious efforts to recover damage), or where considerable damage has been recovered due to a violation of punishment (including serious efforts to recover damage) or a considerable part of the punishment, the scope of the recommended sentence on the sentencing guidelines [Determination of types] shall be limited to the range of the recommended sentence on the sentencing guidelines: The serious reflect [determination of the recommended area] mitigated area [the scope of the recommendation area] from June to February 6;

2. The fact that the instant crime was committed during the period of a stay of normal execution disadvantageous to the decision of the sentence, which was committed by the Defendant during which the victim paid medical expenses and consolation money to the victim who was favorable to the two times before the previous convictions, does not constitute a criminal offense beyond the suspension of execution, and that the victim committed the instant crime at the time nine years or more from the date of the final criminal convictions, and that the Defendant committed the instant crime after nine years or more from the date of the final criminal convictions,