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(영문) 광주지방법원 2014.09.18 2014고단2133

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 of the final judgment.

Reasons

Punishment of the crime

On March 31, 2014, around 01:10 on March 31, 2014, the Defendant sought that the victim E (manam and 48 years of age) friend drinking in the D main store located in Young-gun, Young-gun, Young-gun, would drink a mixed drinking and found the above store under the influence of alcohol.

The Defendant: (a) her husband of the president of the instant Dju shop who entered a drinking room with the victim when drinking alcohol together with the victim; and (b) her husband, such as her voice, “Isn if you do not know about her will,” took a bath that “Is the ship without permission,” and “Is off the ship, I would like to see if Is the ship,” and “Is off the ship, I would like to see that Is the victim’s hand and face.” (b) The Defendant she was flicker who was flicked by the victim when Isn's face, which is a dangerous object, when Isn't fl's face, so I would like to prevent the victim from facing it.

As a result, the defendant put the victim to the right hand of the victim's day of treatment, and the victim's day of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Application of statutes on site photographs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 1 (Special Bodily Injury), the scope of recommended punishment, shall be subject to special mitigation ( September to February);

2. The defendant, who was sentenced to punishment, was the first criminal without any previous conviction, agreed with the victim, is also responsible for the occurrence of the crime and the expansion of damage, and the above recommended punishment is minor, taking into account the fact that the injury is minor, shall be determined as ordered by the above recommended punishment.