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(영문) 광주지방법원 순천지원 2014.10.31 2014고단1514
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than 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

On July 18, 2014, at around 05:00, the Defendant discovered that E, in front of the D drinking house in Scambling C, was able to see the body of the victim F (the age of 37), etc., and said E was able to see the fact that he was able to do so, and the head of the above victim was 1 time due to the beer’s disease, which is a dangerous object located there, and the head of the said victim was 1st time, and the body of the victim was able to take part in drinking and drinking.

On the other hand, the above E fighting fighting with the victim by cutting a balthm with the victim at the above date, time, place, etc., and then the defendant fighting the victim by drinking beer with beer, etc., and the victim's body was reached by drinking and balleing.

As a result, the Defendant, using dangerous articles, inflicted bodily injury on the victim, such as “the two frameworks and the frameworks of the body part of the body part of the body part of the body part of the body part of the body part of the body part of the body part of the body part of the body

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of F, G, or E;

1. The police statement of H;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (1) of the Criminal Act (the occupation of an injury to carry dangerous articles), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the occupation of a joint injury) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. It is so decided as per Disposition in view of the following: although the nature of the crime is inferior in light of the defendant's reasons for sentencing under Article 62 (1) of the Criminal Act (the same as the above), considering that the defendant reflects the crime of this case, simply agreed with the victim, the defendant committed the crime of this case by contingently, and there is no criminal conviction or heavier than a suspended sentence due to violent crimes, etc.

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