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(영문) 광주지방법원 2015.01.15 2014고단4341

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 1, 2014, at around 06:10, the Defendant drinking alcohol with the victim D(40 years of age) located in Gwangju Northern-gu C and 201, and heard from the victim the horses, such as “ soon as possible, whether he was instructed to do so, and whether the human nature has been reduced,” and subsequently, made a series of damages to the victim, such as “as soon as possible, at the victim’s head and defense,” and “as soon as possible, at the victim’s head and defense.”

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol regarding D;

1. Statement of the police statement regarding E;

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

1. Article 3 (1) and Article 3 (1) 2 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, 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. The mitigation area of the sentence of Article 62-2 of the Social Service Order Act, within the scope of recommendation of the reasons for sentencing under Article 62-2 of the same Act: (a) the victim and the victim have reached a full agreement in one year and six months to two years, and had an attitude to reflect on the crime of this case; (b) the victim have no criminal record due to violence, etc.; and (c) the lower sentence out of the recommended sentence shall be set and the execution of imprisonment shall be suspended.

It is so decided as per Disposition for the above reasons.