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(영문) 광주지방법원 장흥지원 2014.10.30 2014고단95

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 this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 13, 2014, at around 23:00, the Defendant collected an empty small-scale disease, which is a dangerous object in the above D when the victim E (the age of 35) was under the influence of alcohol, and laid off the part of the victim's flick, which was a dangerous object in the above D, on the ground that the victim E (the age of 35) was under the influence of alcohol, and got off the part of the victim's flick, and got off the part of the victim's flick, one time the victim's flick part of the victim's flick part of the victim's flick part of the victim's head.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. A medical certificate of injury and a medical certificate;

1. Application of internal investigation reports, photographs, and Acts and subordinate statutes;

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 grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The following should be taken into account: (a) violent crime group, habitual injury, repeated injury, special injury, Type 1 (Habitual Injury, Bodi Bodily Injury), the area of mitigation (one year and six months from June to two years), the area of mitigation (one year and six months from a year and six months), the area of mitigation (special mitigation) not subject to punishment (a decision of sentence] [a decision of sentence]; (b) the Defendant committed the instant crime in a contingent manner; (c) the degree of injury is relatively minor; and (d) the victim does not want the punishment of the Defendant.