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(영문) 광주지방법원 순천지원 2015.12.11 2015고단1840

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

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

At around 19:45 on August 18, 2015, the Defendant: (a) performed drinking, such as the victim E (the age of 50) who operates a crick enterprise, and (b) performed a test on the ground that “packer would not have to introduce equipment because it would be too much,” and the victim called “packer would not be required to use equipment.” On the other hand, the Defendant continued to flicker the head of the victim, and continued to flicker the victim’s flick part of the victim’s flick, which is a dangerous object on the table, and the victim’s flick part of the 3rd left flick fever and open part of the part requiring approximately four weeks for approximately four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 reason for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury (Habitual Injury, Bodi Bodily Injury) category 1 (2 to 4 years), basic area (2 to 4 years), punishment not (including efforts to recover damage), or considerable partial damage is recovered, / serious injury (decision of sentence] / In the case of small-scale illness (decision of sentence] the head of a person who is at least one time and re-influored with a shoulderer’s disease, and the defendant needs to be strictly punished for damage.

Provided, That the same sentence as the order shall be determined in consideration of the fact that the victim has agreed with, the contingent crime, and the fact that there is no previous imprisonment or more punishment.