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(영문) 광주지방법원 목포지원 2015.09.14 2015고단777

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 18, 2015, the Defendant: (a) around 19:45, 19:45, at the “D” restaurant, and carried out drinking together with workplace clubs, such as victim E (52 years of age). While the Defendant was carrying out drinking, the Defendant: (b) was fluorcing the victim’s father’s top, and was fluorcing the victim’s upper part of the chest on the plastic cup, and was fluorced with the victim’s face, and was fluorced with the victim’s blood transfusion, etc., where the victim could not know the number of treatment days; and (c) was fluorced with the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Photographs related to the case;

1. Application of the Acts and subordinate statutes on suspect E-mail 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: Reduction area, one year and six months from June to two years (a person who is a person subject to special mitigation shall not be subject to punishment);

3. Determination of sentence and suspension of execution shall be determined by discretionary mitigation of sentence against the defendant within the scope of sentencing guidelines in consideration of the fact that the defendant acknowledges and reflects his/her mistake, the fact that the defendant agrees with the victim, the injury the victim does not take weight, the fact that the defendant appears to be a contingent crime, the defendant has no history of criminal punishment exceeding a fine, the defendant's age, character and conduct, etc., and the execution thereof shall be suspended;