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(영문) 광주지방법원 목포지원 2014.12.18 2014고단1396

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, from March 2003 to May 201, 201, had been living together with the victim C (man, 56 years of age). The Defendant, upon the victim’s request, was forced to repay the money that he lent to the victim. However, the Defendant, despite having been able to pay the money that he borrowed from the victim, did not cause the money that he borrowed while driving.

At around 19:45 on September 14, 201, the Defendant sought a watch, which is a dangerous thing in the restaurant operated by the victim in Yong-gun, Young-gun, Inc., Inc., Ltd., the Defendant: (a) sought from the victim; (b) “I do not leave the restaurant here, do not bring about any loading, and do not bring about it; and (c) I incidental to the telephone device on the floor of the cellbed; and (d) I got off the victim’s back water one time while I got off with the victim who tried to attach TV.

Accordingly, the victim kneker knee knee knee kne, knee knee knee the victim's breast, and kned the victim's kne, and kned the victim's knee three times with the hand floor.

As a result, the Defendant carried with a dangerous article, thereby causing damage to the victim's salvines and salvines that need to be treated for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (two times, replacement);

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crimes: Type 1: Habitual injury, repeated injury, and special injury:

2. Determination of the scope of sentence: Basic area, two years to four years (no person in special form):

3. Whether a sentence has been pronounced or suspended;