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(영문) 광주지방법원 2015.09.11 2015고단2028
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of 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

At around 23:05 on May 21, 2015, the Defendant: (a) while drinking alcohol together with the victim E (33 years of age) who is a workplace club in Gwangju North-gu, Gwangju-gu; (b) on the ground that he was involved in the examination of the workplace rent, the Defendant collected a small-scale illness, which is a dangerous object on the table, on the table of the victim, and caused approximately two weeks of treatment to the victim at one time by taking the head of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to A by the police;

1. A report on investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. It is so decided as per Disposition within the scope of one year and six months to two years and six months (the area of mitigation of the type 1 of habitual injury, repeated injury, special injury) according to the sentencing guidelines, for the reason that the suspended sentence is more than Article 62 (1) of the Criminal Act (the fact that the defendant is divided by mistake, the fact that the victim and the defendant have agreed smoothly with the victim, and the defendant has no criminal record other than the previous criminal record due to the crime of violating the Road Traffic Act);

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