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(영문) 광주지방법원 해남지원 2015.02.04 2014고단338
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

around December 2011, the Defendant was an employee of the Kim Farming City operated by D in front of the South-Namnam Navy C, and is a victim E (39 years of age, remaining) who works for the same type as an employee.

On December 10, 2011, the Defendant, at F around 19:00, 200, expressed the Defendant’s desire to the Defendant on the ground that he was under the influence of alcohol at a lodging room, and that he did not have the mind that he was the victim of peace, and she was able to take the time and boom, which was a dangerous object that was located there, and blickly blickly, followed the Defendant’s back water.

As a result, the Defendant, while carrying dangerous objects, inflicted an injury upon the victim at the center of head head back to which it is impossible to identify the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Application of the Acts and subordinate statutes governing body photographs;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] In light of the following: (a) the type of habitual injury, repeated injury, and special injury (a habitual injury, repeated crime, and special injury) [a person who has been specially mitigated] and minor injury [a] mitigation area (a year and six months to two months] - imprisonment with prison labor; (b) one year and six months; (c) two years of suspension of execution; (d) community service 80 hours; (b) the crime of this case was committed by the Defendant, which was committed against the victim, due to his/her poor fraud, which is a dangerous object without any special reason; and (c) the nature of the crime is inferior; and (d) the victim fails to receive a letter of suspicion.

However, the defendant shows his attitude to recognize his mistake in this court, the victim is relatively minor and the age of the defendant.

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