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(영문) 광주지방법원 목포지원 2014.02.06 2013고단1556
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The punishment of the accused shall be determined by one year and six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On August 29, 2013, the Defendant: (a) around 13:40, at the “D” parking lot located in Sinpo City C, the victim E (36 years of age) and Si reserve due to the defect of the vehicle; (b) the victim’s glick face, glick pipe (140cm in length, 5cm in width) which is a dangerous object in the location, and (c) the victim’s left shoulder, such as the left-hand shoulder and the shoulder.

Summary of Evidence

1. Legal statement of witness E;

1. Entry of the police suspect interrogation protocol regarding E;

1. Entry of the E-document;

1. Statement of investigation report and hearing of the situation of assault against the victim E;

1. Application of Acts and subordinate statutes written in the written diagnosis of injury to E;

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 (see, e.g., Supreme Court Decision 2006Da1548, Jan

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. The Defendant’s assertion and judgment on the probation and community service order Article 62-2 of the Criminal Act, Article 59(1) of the Probation Act, the Defendant’s assertion and judgment on this issue are asserted as follows: there is no time when the Defendant was placed in E by h with a hack pipe; and the hacks suffered by E are not generated due to a hack pipe.

In light of the following facts: (a) there is a consistent statement in E’s investigative agency and court that the Defendant met the left pipe, etc.; (b) there is a consistent part of E’s statement in the investigation agency and court; (c) there is accord with the part that E suffered the upper part due to the instant crime is the Defendant’s volatile pipe; and (d) there is a serious injury that E is difficult to cause the injury suffered due to the instant crime; and (c) it is reasonable to deem that the Defendant was at the time of the Defendant’s left part, such as the left part, and thereby, the Defendant suffered the injury of E. Therefore, the above argument by the Defendant is rejected.

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