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(영문) 전주지방법원 2014.11.06 2014고단1120

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

Reasons

Punishment of the crime

On July 7, 2014, at around 23:25, the Defendant, at around 55 years old-gu, Seojin-gu C’s operation D (Inn, 55 years old) where the above victim’s behavior, who had been accompanied by other customers, did not appear in mind, had the beer and bed against the victim’s face.

Accordingly, the Defendant carried dangerous articles as above and inflicted injury on the victim, such as cerebral celeba which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of statutes on field 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 (a point in which the degree of damage is not serious);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing reasons under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc., despite the same criminal records, leads to the instant crime, in light of the motive and circumstances of the instant crime, the risk of the method of crime, etc., but the Defendant, in a state of mental disorder caused by drinking, does not have the nature of the instant crime; however, the Defendant, in a state of mental disorder caused by drinking, has to commit the instant crime contingently, in a state of mental disorder, he can take into account the circumstances where the Defendant made efforts to recover from damage of the victim, such as making a deposit of some or some of the victims, etc.; the Defendant’s mistake is divided later; the Defendant’s age, character and conduct, occupation, environment, family relationship, etc.; and all other circumstances where the sentencing conditions are attached, such as