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(영문) 광주지방법원 목포지원 2015.03.23 2015고단55
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 became final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on January 4, 2015, the Defendant: (a) caused the victim E (37 years of age) to misunderstanding the table table of other customers as his table table, and fighting the body; (b) caused the following: (c) the Defendant: (a) caused the beer disease, which is a dangerous object on the table; and (d) caused the beer disease to the right end of the victim; and (b) caused the beer disease by the beer disease, the left left left part of the victim, the knife, and the victim requires approximately 14 days of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Medical certificates (E);

1. Application of the relevant Acts and subordinate statutes (Evidence No. 20 pages);

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: Reduction area, one year and six months from June to two years (a person who is a person subject to special mitigation shall not be subject to punishment);

3. Determination of the sentencing criteria and the suspension of execution shall be determined by discretionary mitigation of the sentence against the accused within the scope of the sentencing criteria in consideration of the fact that the accused acknowledges and reflects his/her mistake, the fact that the accused has agreed with the victim, the fact that the accused has no history of criminal punishment exceeding the fine, the accused's age, character and conduct, family relationship, etc., and the execution thereof shall be suspended

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