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(영문) 광주지방법원 순천지원 2014.01.09 2013고단1929

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 becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2010, the Defendant was sentenced to two years and six months of imprisonment with prison labor and three years of suspended execution at Seoul High Court on November 25, 2010, and the said judgment became final and conclusive on December 3, 2010.

At around 23:50 on July 27, 2013, the Defendant: (a) while drinking alcohol together with Embrypt F (45 years old); (b) while drinking alcohol with Embrypt Victim F (45 years old); and (c) on the ground that “I ambling, I ambling, I amben, a dangerous object on the customer’s amben; and (b) caused injury to the victim, such as an open wound, which requires approximately two weeks of treatment, on the ground that I ambened.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. A medical certificate;

1. Previous convictions in judgment: Inquiry reports, investigation reports (Attachment of a written judgment), and application of each statute of the judgment;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the agreed point with the victim and the point against which it is reflected);

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

1. Although the crime of inflicting bodily injury on the victim due to dangerous articles during the period of probation and community service order under Article 62-2 of the Criminal Act is not good, considering the fact that the victim appears to have first caused the crime of this case in a contingent manner by provoking the trial cost to the defendant, that the victim wanted the Defendant, that the victim is against the victim's wife, and that it is against the victim's duty, etc.