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(영문) 전주지방법원 2013.09.26 2012고단2495
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 23, 2012, the Defendant: (a) around 04:00 on the front side of the D University located in Yeongsan-gu, Masan-si; (b) there was a misunderstanding with the victim E (the age of 49); and (c) there was a dispute with the victim E; and (d) caused a dangerous object, the Defendant she saw the back head part of the victim at one time, which was a dangerous object, and led the victim to the 2nd side part of the back head of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. The crime of this case in the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is deemed to have inflicted an injury on a victim due to a brick, which is a dangerous object, and the nature of the crime is not weak, and the fact that it did not reach an agreement with the victim is disadvantageous to the defendant. However, the defendant led to the confession of the crime and reflects his mistake in depth through confinement life during the crime, the victim was able to drinking together with the victim, and the degree of damage was not severe, and the degree of damage was not excessive, several times have been sentenced to fines due to the crime of this case since around 200, and other circumstances, such as the defendant's age, character and behavior, family relationship, home environment, motive and means of the crime, and circumstances after the crime, etc., shall be determined as the same sentence as the order.

It is so decided as per Disposition for the above reasons.

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