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(영문) 광주지방법원 목포지원 2016.05.12 2015고단1705

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 17, 2015, around 18:55, the Defendant, in front of the Defendant’s house located in the Southern-gun C, had a dispute with the victim B, a housing repairer, in front of the Defendant’s house located in the Southern-gun C, and had the victim’s left margin one time after putting the victim’s front with the rasher, the dangerous object, the rasher, the electric rasher, and the rasher.

As a result, the defendant carried dangerous objects and inflicted injury on the victim, such as the right-hand left-hand side of the music that requires treatment for about 21 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer under B;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to medical certificates of injury, photographs of damage, and photographs of criminal tools;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the following grounds for sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following grounds for sentencing);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The execution of a sentence shall be deferred on condition of protection observation and social service, considering the fact that the reasons for sentencing (agreement) under Article 25 subparag. 3(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for the Dismissal of Application for Compensation reflects the defendant's wrongness, the degree of injury is relatively weak and agreed with the victim, and the defendant committed any contingent crime during the dispute with the victim.