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(영문) 광주지방법원 순천지원 2014.03.12 2013고단2486

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

The defendant is a victim C(n, 17 years of age) and a person of annual affairs.

At around 02:43 on October 11, 2013, the Defendant, while drinking alcohol together with the victim at three 'Ez.', on the ground that the victim's refusal to hear the statement repeatedly took place with the victim, the Defendant: (a) caused the victim's left part of the horse, which is a dangerous object on the table; and (b) caused the victim to tear about about 5 cm, and (c) caused the victim to face about 5 cm, and (d) led the victim to an open body of the snow pool and the snow room that require approximately 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the defendant is against his/her will, the fact that he/she has no record of punishment for a crime, the fact that he/she has agreed with the victim, and the fact that he

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);