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(영문) 광주지방법원 2012.11.15 2012고단5401
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On January 20, 2012, the Defendant: (a) around 03:00, at the 3rd room of the Seo-gu D funeral hall in Gwangju-gu, Gwangju-gu; (b) on the ground that the victim E (Nam and 37 years of age) neglected himself, she inflicted an injury on the victim’s head by using beer disease, which is a dangerous object on the table table; and (c) putting the victim’s head into the part of the victim’s head; and (d) resulting in the victim’s injury

2. Next, at the same time, at the same place, the Defendant, together with friendly F and G, and the victim H (ma, 45 years of age) who was speaking in the above situation was “Gmando,” and the Defendant et al. was sleeped with the victim’s face when she was faced with the victim’s face, and she was sleeped with the victim’s face at the same time and place in drinking, and the Defendant went beyond the floor by putting the victim’s body.

Accordingly, the defendant assaulted the victim jointly with F and G.

Summary of Evidence

1. Statement by the defendant in court;

1. The police suspect interrogation protocol of H;

1. Statement to E by the police;

1. Application of the legislation in its opinion;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 2 (2) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the means, method, and consequence of each of the instant crimes, which are disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized the facts charged in the instant case and sought countermeasures, that the victim does not want the punishment for the defendant by mutual consent with the victims, and that the defendant committed the instant crime in a state of somewhat under the influence of alcohol is an element of sentencing favorable to the defendant.

Furthermore, the age of the defendant;

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