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(영문) 광주지방법원 2015.01.29 2014고단4232
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:50 on July 14, 2014, the Defendant, within the D cafeteria located in Seoyang-gun, Nanyang-gun, Nanyang-gun, and the Victim E (Inn, 49 years of age) collected water from the Defendant’s face and collected water-related diseases, caused the Defendant to face the victim by gathering a small-scale disease, which is an object dangerous to theme, without having a ppuri of water into the Defendant’s face, leading the victim to the head of the victim. The Defendant, by hand, putting the victim over the floor by pusheding the victim’s upper part of the victim’s upper part, thereby causing the victim’s injury, such as an open wife, for about four weeks of medical treatment.

Accordingly, the defendant used dangerous objects to inflict bodily injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

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. Article 62 (1) of the Criminal Act;

1. The scope of punishment under Article 62-2 of the Social Service Order Criminal Act: The term of punishment shall be set within the scope of the recommended sentence and the execution of imprisonment shall be postponed, taking into account the following circumstances: (a) the victim was not subject to punishment by mutual consent with the victim from June to June of one year; (b) the victim was fully recognized and reflected in the instant crime; and (c) the fact that there was no criminal record other than the fine, etc.

It is so decided as per Disposition for the above reasons.

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