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(영문) 광주지방법원 2015.09.23 2013고단555
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:30 on January 17, 2013, the Defendant: (a) heard the victim D (33 years of age) who was a resident of 404-dong, Gwangju Northernbuk-gu, about 404, when the Defendant she had a marital fighting in the Pung field, she suffered bodily injury, i.e., two open wifes, etc. requiring approximately two weeks of medical treatment, on the ground of the news reporting block, which is a dangerous object around the night.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of victim's photograph, deadly weapons, and Acts and subordinate statutes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommendations for the sentencing guidelines: The area to be mitigated, as prescribed in subparagraph 1 (Habitual Injury, Bodily Injury, Bodily Injury, Bodily Injury, and Special Injury) of each year and six months from June to June;

2. Specific grounds for sentencing - Circumstances: The defendant reflects the crime of this case; there is no history of punishment exceeding the fine against the defendant; the victim's family members and branch members of the defendant want not to take serious results from deeming that there was injury requiring only preservation for two weeks of medical treatment; and the defendant's act of priceing the victim's head using the brick is very dangerous to the extent that the defendant's act is highly dangerous to the victim's damage recovery (the defendant stated that he/she was currently dead).

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