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(영문) 광주지방법원 순천지원 2015.04.03 2014고단2116

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 29, 2014, at around 22:40, the Defendant was urged to ignore the Victim E (the 40-year-old person)’s daily behavior of the victim and to sit together in the same alcohol as before Dju points in F in F.

For the foregoing reason, while the Defendant was suffering from a dispute with the victim, he/she saw twice the face of the victim two times by drinking, and saw an empty beer, which is a dangerous thing, into the aforementioned D main shop, and left the part of the left head of the victim.

As a result, the Defendant inflicted injury on the victim, such as cerebral cerebral cerebrovassis, which requires approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about E (the first and second statements);

1. Investigation report (grounds for failing to prepare a witness's statement in the counter witness G);

1. Application of the Acts and subordinate statutes to a medical certificate of injury, investigation report (on-site photographing, etc.), on-site photographing, photograph of a victim, investigation report (to attach a photograph to the body of the victim), and photograph of a victim;

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 (The following extenuating circumstances among the reasons for sentencing):

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

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

1. Imprisonment with prison labor for not less than one year and six months or 30 years; and

2. Reduction elements of types 1 (Habitual Injury, Bodi Bodily Injury) (Special Bodily Injury): Reduction elements of punishment (including efforts to recover damage) or considerable partial damage, in cases where victims are fully responsible for the occurrence of a crime or the expansion of damage even if they are also responsible for the occurrence of a crime or for the expansion of damage (including decisions on the area of recommendation and the scope of recommendation). Reduction areas, reduction areas, imprisonment with prison labor for nine months or for two years and six months;

3. Whether or not to suspend the execution (the main reasons for such suspension: positive) the occurrence of a crime or damage to the victim;