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(영문) 광주지방법원 목포지원 2014.09.11 2014고단1002

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim C(34 years of age) and the annual personnel.

On May 28, 2014, the Defendant: (a) around 18:40 on 18:40 on Mabio 314, the Defendant, who was in danger of a dispute with the victim, was placed in a eyebrow (15 cm in length) with the victim’s right-hand part of the victim one time, with approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. - Photographs, - Application of 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Determination of types of crimes: Type 1: Habitual injury, repeated injury, and special injury resulting from violent crimes;

2. Determination of the scope of sentence: Reduction area, one year and six months from June to two years (a person who is subject to special mitigation: A person not subject to punishment);

3. The decision of sentencing and suspended execution are determined as ordered by reducing the punishment of the accused within the sentencing criteria in consideration of the fact that the accused acknowledges and reflects his mistake, the fact that the accused agreed with the victim, the fact that the accused does not have any previous conviction, the age, character and conduct of the accused, family relationship, etc., and the execution of the sentence is suspended.