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(영문) 전주지방법원 2015.09.18 2015고단881
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who engages in daily labor.

At around 16:50 on June 9, 2015, the Defendant was the victim’s head, who was a dangerous object on the face of the victim F and wage problems, operating the E Manpower Office, to which the Defendant had been employed, and who was in charge of the work, was the victim’s head.

As a result, the Defendant inflicted an injury on the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the victims of violence against a sentry, photographs of the victim at the scene, and pictures of the spawn;

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;

2. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (the conditions favorable to the accused on the grounds of sentencing below).

3. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”), which is favorable to the defendant, shall be the same.

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Reduction elements of types 1 (Habitual Injury, Bodi Bodily Injury and Special Injury): Reduction elements of punishment (including serious efforts to recover damage), or where considerable damage has been recovered (decision on the area of recommendation), reduction elements of mitigation area [decision on the area of recommendation] mitigation (decision on the area of recommendation] mitigated area: In serious reflective (decision on the scope of recommendation] imprisonment with labor for 1 year and 6 months to 2 years and 6 months.

3. Determination of sentence: Imprisonment with prison labor for a year and six months, the crime of this case for a period of three years under a suspended sentence of one year and six months is that two parts of the victim was inflicted by a person who is a dangerous object of the defendant and the crime of this case was committed in light of the motive, form and method of the crime, danger, etc. and that the nature and circumstances of the crime are heavy, and that the defendant has several records of punishment for the same crime

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