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(영문) 광주지방법원 2015.02.25 2014고단5034
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 4, 2014, at around 21:50 minutes, the Defendant, at the main point of the “E” of the “E” of the operation of D in Nam-gu, Nam-gu, Gwangju, for drinking alcohol and paying the drinking value. At the same time, D’s East Victims F (year 52) at the same time reported the trial expenses as above, and made the Defendant’s objection, and the Defendant f. (year 52), the Defendant f. (year 52), which is a dangerous object in this context, carried the following parts of the instant cup, as his hand, carried the victim’s a part of the instant cup, and carried the victim’s a part of the victim’s ad hoc, and carried the victim’s ad hoc back two times, thereby requiring approximately two weeks of medical treatment.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol concerning G and F;

1. Application of the investigation report (F and one other diagnosis report) [The defendant and one defense counsel asserted that they would give the victim one time by beerped, but it can be recognized that they would give two times more according to all evidence, including the police interrogation protocol about G and F, according to the police interrogation protocol of the suspect suspect about G and F];

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 for providing community service or attending lectures;

1. Scope of recommendations according to the sentencing guidelines: The area to be mitigated, where punishment is to be mitigated, from one year and six months to six months; and the area of habitual injury, repeated injury, and special injury by crimes committed during the period between six months and six months;

2. Specific reasons for sentencing - Circumstances: The defendant reflects the crime of this case, and the victim does not want the punishment of the defendant, and the defendant must support her parents, her wife and her three children.

b. - Circumstances: the instant crime was committed on the part of the head of the injured party by Mail, a dangerous article by the Defendant.

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