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(영문) 광주지방법원 순천지원 2016.12.14 2015고단2615
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A The defendant A shall be punished by imprisonment with prison labor for eight months.

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

Reasons

Punishment of the crime

Defendant

A is a person who has been subject to a total of five times of violence, including a summary order of 300,000 won for a violation of the Punishment of Violences, etc. Act (joint assault) at the Jeju District Court on July 3, 2009.

1. Around September 7, 2015, Defendant B expressed the victim’s desire to “F” in front of the restaurant “F” located in the Nannam Ma, on the ground that the victim A (the 40-year-old age) did not repay his/her obligation 3.8 million won, and assaulted the victim at two times the part of the victim’s entrance in drinking.

2. Defendant A around September 7, 2015, around 02:25, on the grounds that the victim B (a person aged 34) around the “F” restaurant located in Bosung-gun E demands the victim to take a bath and discharge his/her obligation as above, Defendant A’s body was taken by cutting down the hack pipe, which is a dangerous object cited by the victim, twice the part of the victim’s face, and the victim’s body was taken by cutting off the hack pipe, which is a dangerous object cited by the victim.

As a result, the defendant carried dangerous things and carried them with an upcoming 2 weeks of medical treatment, and caused a diagnosis and injury to the victim.

Summary of Evidence

1. A witness G and each legal statement of A;

1. Defendants’ respective legal statements

1. Each police statement concerning B and G;

1. A written diagnosis of injury;

1. The suspect's form and pipe photograph, and the suspect B's upper part photograph;

1. The reproduction and viewing of video images;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 258-2 (1) and Article 257 (1) B of the Criminal Act: Defendant B; Article 260 (1) of the Criminal Act; Selection of imprisonment;

1. Defendant A for discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Social service Defendant A: Defendant A with reasons for sentencing of Article 62-2 of the Criminal Act: The fact that the same kind of force is several; the fact that the contents of the crime are not good; the fact that the defendant recognizes and reflects the crime; and the probation for the previous ten years.

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