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(영문) 광주지방법원 2015.09.10 2015고단2432

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of 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 March 2, 2015, around 05:00, the Defendant: (a) around D main points in Seo-gu, Seo-gu, Gwangju; (b) around the D main points, spiting spite on the victim E (Nam and 27 years of age) and spite on the floor; (c) on the other hand, the Defendant was spite in a dispute; (d) on the other hand, the victim meted an empty disease, which is a dangerous object at the main points; and (e) faced the victim’s head; and (e) caused the Defendant’s injury to the two open main points in need of two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect of the police accused;

1. Statement of E by the police;

1. Application of Acts and subordinate statutes, such as photograph of damaged place and diagnostic certificate (Evidence No. 3, 5);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution [Scope of recommending punishment] The case where: (a) category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodi Bodi Bodily Injury, Special Bodi Bodi Bodi Bodi Bodi Bodily Injury); (b) minor injury; (c) minor injury; (d) not having been punished (including serious efforts to recover damage); or (d) considerable partial damage has been recovered