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(영문) 광주지방법원 2015.04.24 2014고단4914
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The punishment of the accused shall be determined by two years of imprisonment.

However, the above sentence shall be executed for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 30, 2014, the Defendant: (a) around 17:35 on October 30, 2014, around the Defendant’s house located in Nasi-si, the Defendant: (b) laid down the victim D (11 years of age), a neighboring house, who was aware of his reputation at the Defendant’s house located in Nasi-si, leading his finger, leading his finger, slick, and slicked his handcule, which is a dangerous object; and (c) laid down the victim’s back water two times, resulting in approximately two weeks of treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of Acts and subordinate statutes stated in a 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. Article 62 (1) of the Criminal Act;

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

1. Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury) (Special Bodily Injury), category 1 (Special Bodily Injury, Bodily Injury) (Special Bodily Injury) (Special Aggravation) - Victims who are vulnerable to the crime of aggravation [Determination of the area of recommendation] basic area [Scope of recommendation] 2-4 years and 4 years;

2. Whether or not to add a stay of execution - Major reference reasons: Victims vulnerable to negative crimes - Major reference reasons: positive punishment - Reasons for general reference: The detention of a defendant who has no criminal records of a stay of execution of positive and contingent crimes is accompanied by excessive difficulty for his dependants;

3. Two years (four years of suspended execution of sentence) of imprisonment with prison labor;

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