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(영문) 광주지방법원 목포지원 2015.11.16 2015고단1155
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 1, 2015, at around 07:25, the Defendant, at around 102, had been faced with C Apartment 102, in front of the Defendant’s residence, and had his body fighting with the victim D (the age of 46) who is a male-child who misleads the Defendant to have had another male. While the Defendant was fighting with his body, the Defendant has kept excessive objects dangerous to the Defendant’s residence kitchen, and reached the right shoulder of the victim once.

As a result, the defendant carried dangerous objects and put the right shoulder to the right side where the number of days of treatment can not be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of victims;

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 (hereinafter referred to as the following grounds for sentencing);

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crimes: Type 1: Habitual injury, repeated injury, and special injury:

2. Determination of the scope of sentence: The lower limit of the scope of sentence is not modified according to the lower limit of the applicable sentencing range, even though there exist at least two persons who are subject to special mitigation in one year and June.

2. Two years and six months (a person who is subject to special mitigation: Minor injury or person who is subject to special mitigation: A person not subject to punishment)

3. Determination of sentence and suspension of execution shall be determined by discretionary mitigation of the sentence against the defendant within the scope of the sentencing criteria in consideration of the fact that the defendant acknowledges and reflects his mistake, the injury suffered by the victim is minor, the agreement with the victim, the fact that the defendant appears to be a contingent crime, the defendant has no power to impose any criminal punishment, the defendant's age, character and conduct, family relationship, etc., and the execution thereof shall be suspended.

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