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(영문) 광주지방법원 순천지원 2014.11.25 2014고단1500

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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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 3 years from the date of the conclusion of the judgment.

Reasons

Punishment of the crime

On July 10, 2014, at around 20:30, the Defendant drinking alcohol together with the victim E (the age of 37) who works in the street in front of the “Dju” store at the time of drinking water, and the victim was recognized to his workplace rent. The Defendant saw the victim’s head one time by the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the 2014.

As a result, the Defendant inflicted an injury on the victim in open room and open room for the part of the hand and hand and the part of the hand that require approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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 (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (recognating the reason for discretionary mitigation) is that the crime of this case is not very good since the crime of this case is committed by a shoulderer who is a dangerous object of the defendant, thereby causing bodily injury to the victim.

However, the judgment is delivered with the order, taking into account the fact that the defendant is breaking the defendant's wrong mind in depth, that the victim did not have a serious injury and that the victim agreed smoothly with the victim, that the crime of this case appears to have been committed contingent under the influence of alcohol, and that there is no other criminal records in addition to the punishment of a fine once due to a drunk driving.