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(영문) 전주지방법원 군산지원 2015.11.02 2015고단792

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 June 18, 2015, the Defendant: (a) 04:00 on June 18, 2015, when she fighting each other on the roads front of the D main points in Yasan-si C; (b) flicked the face of the victim E (21 years of age) three times for drinking; and (c) flicked the head of the victim one time by a smaller person who is a dangerous object.

As a result, the defendant carried dangerous things and damaged the victim's saves that require treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes of a medical certificate;

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 (including the fact that the degree of injury is minor, the fact that an agreement is made with the victim, and the fact that there is no same kind of criminal records);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);