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(영문) 광주지방법원 2015.12.17 2015고단3862

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 of the final judgment.

Reasons

Punishment of the crime

On October 03, 2015, the Defendant: (a) around 01:50 on the Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Gwangju; (b) on the ground that the victim E (nbb, 42 years old) did not play with the Defendant and did so, and (c) on the ground that he boomed boom, the Defendant inflicted on the victim at least two weeks of the head of the victim’s head, a dangerous object (i.e., 150cm in length), thereby causing injury to the victim, such as cerebril, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each statement made by the police officer in relation to E and F;

1. Each report on investigation;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photographs of crime tools, and photographs of victim parts;

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 Defendant’s crime of this case on the grounds of the sentencing of Article 62-2(1) of the Criminal Act on probation and community service order is inevitable in that the Defendant’s crime of this case committed an injury to the victim by taking care of the victim’s head at the time of the victim’s head, and that there was little possibility of serious consequences.

However, in full view of the circumstances such as the fact that the defendant reflects his/her criminal act, the fact that the victim's injury does not seem to have been severe (special scams) and the fact that the defendant has no record of being punished for violent crime for the last ten years, and other circumstances, the defendant's age, character and behavior, environment, etc., as stated in the sentencing guidelines, the punishment shall be determined as ordered within the scope of one year and six months through two years and six months (the mitigated area of category 1 (the mitigated area of the category 1 (the category of habitual injury, special injury, special injury) from among habitual injury, repeated injury, special injury) in accordance with the sentencing guidelines, and the execution of the sentence against the defendant shall be suspended only once.