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(영문) 광주지방법원 2015.03.26 2015고단135
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On November 16, 2014, the Defendant, at the E-ju shop operated by the Defendant, who was well aware of, and had a sense of care in, Gwangju North-gu, Gwangju, was drinking alcohol with the Victim F (F, South and 48 years old). When the Defendant offered that the victim would dance with the said D, the Defendant expressed that he would be denied the foregoing D, and that he would be “the victim will be able to drink” during the same year of smoking, and KRW 100 million. Accordingly, the Defendant had expressed a dispute with the victim.

On November 19, 2014, at around 21:20, the Defendant discovered the victim by chance in H amusement tavern located in Gwangju-gu, Gwangju-gu, Gwangju-gu, and around 3 days prior to the occurrence of the victim’s desire to see the above D as above, and Mail World Cup, which is a dangerous object on the customer’s own arcing hand, brought the victim into his hand and her back to the right side of the victim’s back to the victim’s back to the next side. Around 21:20, the Defendant got the victim back to the back to the back side of the victim’s back to the victim’s right side.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the prosecutor and the police accused;

1. Statement of the police officer F;

1. Application of Acts and subordinate statutes to a complaint petition, medical certificate, photograph of damaged part, investigation report (I, or telephone statement hearing of D);

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] The decision is made as per the disposition on the grounds that the mitigation area (one year and six months to two years and six months) is higher than the minor injury area (one year and six months) of Type 1 of habitual injury, repeated injury, and special injury (the scope of recommending punishment] of the Criminal Act.

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