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(영문) 전주지방법원 남원지원 2015.10.06 2015고단140

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 08:50 on May 17, 2015, the Defendant: (a) in the E teahouse in the operation of the victim D (the age of 44) located in Namwon-si, the Defendant: (b) expressed that “jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun jun

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: Imprisonment with prison labor for not more than seven years;

2. Application of the sentencing guidelines (determination of types), violent crimes, general bodily injury, general injury (general injury) mitigation factors: source of punishment not to be imposed (recommended area and recommended sentences), range of mitigation areas of punishment, period of two months to one year.

3. The fact that the defendant, who was sentenced to punishment, committed violence against female victims and suffered serious injury, such as cage cages, is disadvantageous to the defendant.

However, considering the fact that the defendant reflects his mistake, that the defendant does not want the punishment of the defendant, that the defendant does not have any criminal record other than a fine, and that there is no criminal record other than a fine, the defendant shall be considered as favorable to the defendant, and all other sentencing conditions specified in the arguments in this case shall be determined like the order in consideration of all other sentencing conditions.

Parts of innocence

1. The summary of the facts charged is a dangerous thing at the time and place indicated in the facts charged in the judgment.