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(영문) 광주지방법원 2015.08.20 2015고단2069
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

Punishment of the crime

On April 1, 2015, at around 23:00, the Defendant: (a) performed drinking in front of 104, Hanam-Gongju apartment 104, Hanam-gu, Gwangju, Gwangju, with C and the victim D (the age of 23), and returned home to the victim first; (b) however, the Defendant inflicted injury on the victim, who was a dangerous object for the reason that the victim was her head, face, and phone call from his home, with a golf strawter, caused approximately two weeks to the victim by making it possible for the victim to take care of his head, face, etc.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol regarding C;

1. Statement made by the police on D;

1. Damage photographs;

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

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 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant, who committed an act of the victim, is a dangerous object on the ground that the victim's act was obstructed by his/her own emotions, and the victim's head is 5 cm x 1.5 cm x an open top of his/her head, etc., which are disadvantageous to the defendant, and the crime is not good.

On the other hand, on August 22, 2008, the defendant was sentenced to a fine of one million won by the Gwangju District Court on August 22, 2008, and there is no particular criminal history except for the crime of injury, the degree of injury of the victim is required to be treated for about two weeks, and it is difficult to see that it is serious. The defendant deposited 2 million won as the damage compensation for the victim, and the defendant deposited 2 million won as the damage compensation, etc. shall be determined by taking into account various sentencing conditions such as the defendant's age, character

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