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(영문) 광주지방법원 2014.03.21 2013고단6373
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. Around 00:30 on December 15, 2013, the Defendant violated the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) inflicted an injury upon the victim’s back head, and the number of days of treatment could not be known, by making the victim’s back head, while drinking together with the victim E (35 years of age) and F, while drinking together with the victim E (35 years of age).

2. The Defendant damaged the property by leaving the victim G at the above time and at the above place a 100,000 won of the market price provided by the victim G on the floor and destroying the victim’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each statement of E, F and G;

1. Application of each statute on photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 257 (1) and 366 of the Criminal Act concerning the punishment of crimes, Articles 3 (1) and 2 (1) 3 of the same Act, Articles 257 (1) and 366 of the Criminal

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the primary charge, the fact agreed with the victim, and the fact that it is against the victim);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (the repeated consideration of the above circumstances);

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