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(영문) 광주지방법원 순천지원 2014.08.22 2014고단918
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, 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

At around 04:00 on November 6, 2013, the Defendant drinked alcohol with the victim E (Inn, 21 years of age) at “Dju” located in Fri-si, Fri-si, and, on the ground that the victim had a dispute with the victim that the victim would have caused tobacco to the Defendant, it means that the Defendant has a knife, which is a lethal weapon (20-25 cm in total length), and died in the part of the victim, and the Defendant sustained the victim’s knife with a knife, affixed the wall on a right knife with a knife, tight part of the victim’s knife with a computer board located in this area, turned the victim’s head, etc. several times, and put the victim’s head, etc. into approximately 2 weeks of treatment, and brought about an open head, etc. in the part requiring approximately 2 weeks treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A photo of the damaged part;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (F's statement);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on probation and an order to attend a lecture [the range of recommending punishment] The minor injury (one year and six months to two years] in the mitigated area (one year and six months to six months), and one year and six months of imprisonment, two years of suspended sentence, two years of probation, and forty hours of probation, and alcohol treatment lectures, are inadequate in light of the criminal facts committed by the accused, and the victim was not suspected of being suspected;

However, in consideration of the fact that the defendant reflects the crime of this case, commits the crime of this case by contingent, the victim's damage is minor, and the defendant's living together seems to have difficulty in maintaining his livelihood without the help of the defendant at present, etc., imprisonment shall be imposed only once.

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