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(영문) 광주지방법원 2015.03.04 2014고단4368
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 April 3, 2014, the Defendant: (a) around 6:34, the Defendant: (b) assessed the victim’s head on two occasions with cement brick, which is a dangerous object at which the victim E (the age of 20) was living together, on the ground that the victim E (the age of 20) would not turn on the way while a vehicle loaded before the Del located in Gwangju-gu, Gwangju-gu; (c) taken two times the victim’s face used for it; and (d) taken two times the victim’s face, thereby causing injury to the victim, such as brain, requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (victim F also is applicable);

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: The mitigated area of Type 1 (Habitual Injury, Bodily Injury, Bodily Injury, and Special Bodily Injury), which is one year and six months to six months, respectively;

2. Specific reasons for sentencing - Circumstances: The defendant reflects the instant crime; there is no criminal punishment against the defendant; there is no criminal record exceeding fines; and the victim does not want the punishment of the defendant. - The instant crime is committed by using the brick, which is a dangerous object, as it is highly dangerous for him/her to commit the crime.

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