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(영문) 광주지방법원 순천지원 2015.12.10 2015고단802

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

On October 28, 2014, the Defendant was sentenced to a suspended sentence of 6 months of imprisonment with prison labor for the crime of signature forging in the Gwangju District Court's Netcheon Branch, etc. on October 28, 2014, and the said suspended sentence became final and conclusive on November 5, 2014.

피고인은 2015. 4. 12. 20:00경 구례군 D에 있는 E 장례식장 내에서 윷놀이를 구경하던 중 피해자 F를 대신하여 자신이 말을 서려고 하였고 피해자가 이를 거부하자 이에 화가 나 옆에 있던 소주병 2개를 깬 후 위험한 물건인 깨진 소주병으로 피해자의 좌측 얼굴 부분을 찔러 피해자에게 치료일수를 알 수 없는 얼굴 부분 열상을 가하였다.

Summary of Evidence

1. The defendant's legal statement (the fact in the market is recognized, but the defendant asserts to the effect that the defendant was in a state of mental disorder or mental disorder);

1. Examination protocol of the accused by prosecution;

1. Legal statement of witness F;

1. The police statement concerning F;

1. Investigation report (Attachment of medical records for victims) - Medical records;

1. Previous records of judgment: Criminal records, investigation reports (Attachment of judgments, attachment of results of investigation into the case), judgment, application of Acts and subordinate statutes as a result of investigation into the case;

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. Where the reason for sentencing [the range of recommending sentence] (the range of habitual injury, repeated crime, injury, special injury] type 1 (1.6 to 2.6 months) (including special mitigation) in the mitigation area (1.6 to 2.6 months), in a case where punishment is not imposed (including a serious effort to recover damage), or considerable damage has been restored to a considerable part of the reason for sentencing under Articles 53 and 55(1)3 (3) of the Criminal Act for discretionary mitigation (including favorable circumstances among the reasons for sentencing under the following subparagraph): The fact that the degree of injury is not much weighted; that the victim and the victim agreed smoothly; that it is against the fact that the victim agreed smoothly; that the defendant's assertion of the risk of committing an act committed during the suspension period; and that the defendant's assertion of the risk of committing an act is drunk.