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(영문) 광주지방법원 2015.12.01 2014고단1089

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 of the final judgment.

Reasons

Punishment of the crime

On March 13, 2014, at around 19:20, the Defendant heard the phrase “D” restaurant located in Gwangju Mine-gu C and 1st, “D”, “victim E (Nam, 43 years old) and drinking from the victim during drinking alcohol,” and “I will die without return to China.” On a timely basis, the Defendant saw the victim’s head as a small-scale disease, which is a dangerous object on the table of the table table, one time the head part of the victim’s body was cut off, and again, the head part of the victim was cut down to the beer disease, which is a dangerous object in the table table, and the victim’s face was turned back to each other.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as the closure of a peltos which require treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the police statement regarding E;

1. A written statement;

1. Each report on investigation;

1. Medical certificates and opinions;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case committed by the defendant for the reason of sentencing under Article 62-2(1) of the Probation Criminal Act is the case where the defendant prices the victim as the main illness, which is an article dangerous to the victim, and caused the victim to suffer bodily injury, such as a non-furnion in need of three weeks medical treatment. Thus, in light of the fact that the defendant's act did not have a significant risk of causing serious result,

However, the defendant reflects his mistake and repents, the defendant has no particular criminal power, and other circumstances such as the age, character, conduct and environment of the defendant, etc., the defendant's imprisonment for 2 to 4 years is recommended according to the sentencing guidelines.