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(영문) 광주지방법원 목포지원 2014.07.07 2014고단681
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 May 6, 2014, the Defendant: (a) around 21:50, on the ground that the victim E (at the age of 42) expressed a desire to do so at a D restaurant located in Fapo City C, the Defendant: (b) shouldered the beer’s left breac in front of the victim by shouldering the beer’s disease; (c) and (d) applied the victim’s safe breacel, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Ethic and field photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 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 resulting from violent crimes;

2. Determination of the scope of sentence: Reduction area, one year and six months from June to two years (a person who was subject to special mitigation and recovery from significant damage);

3. The decision of sentencing and suspended execution are divided into and against the defendant's mistake, the fact that the defendant did not reach an agreement with the victim but deposited three million won for the victim, the defendant appears to be an contingent crime not planned, the defendant has no previous conviction, the defendant's age, character and conduct, family environment, etc., and the sentence against the defendant shall be mitigated within the scope of the sentencing guidelines, and the execution of the sentence shall be suspended as per the order, taking into account the defendant's age, character and conduct, family environment, etc.

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