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(영문) 광주지방법원 2015.03.27 2014고단4738
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 23, 2014, at around 19:35, the Defendant: (a) 19:35, caused the victim C(35 years of age) to see that he was able to sworn the Defendant; (b) taken the victim’s face twice in drinking; and (c) used each item (110 centimeters in length and the end of each item) which is a dangerous object in the surrounding surroundings, in one time, which is a dangerous object (10 centimeters in length and the end of each item) in which the victim’s left snow part of the victim’s face was cut off to the victim; and (d) abused the victim at one time in each item (80 centimeters in length of each item) which is a dangerous object in the vicinity of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the field photographs and photographs of each item displayed by the suspect on the spot, the damaged dives of the victim, and the parts of the victim's assault;

1. Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 260(1) of the Criminal Act concerning criminal facts

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do1148, Apr. 1, 201; 201Do1148,

1. It is so decided as per Disposition within the scope of six months to ten months (the basic area of the six types of assault crime among violent crimes), which is the recommended sentence according to the sentencing guidelines, on the grounds of Article 62(1) of the Criminal Act (the grounds for discretionary mitigation) or more.

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