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(영문) 광주지방법원 2014.08.12 2014고단1380
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 of the final judgment.

Reasons

Punishment of the crime

On May 17, 2013, the Defendant listened to the dispute between E and the victim F, who works at “Ddan” located in “Ddan C, Jeonnam-si on May 23:35, 2013, and resisted to the victim, the Defendant: (a) brought an injury on the victim’s right side due to beer’s disease, which is a dangerous article on the customer’s face; (b) brought an injury to the victim, such as thale, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecutor's protocol of interrogation of the accused;

1. Statement of each police suspect's interrogation protocol against the accused, F, and E;

1. Statement of G police statement; and

1. Each report on investigation;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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 Defendant’s crime of this case with the reason of sentencing under Article 62-2(1) of the Criminal Act on probation and community service order is an act of inflicting bodily injury on the victim due to beer and beer, which is a dangerous object under the influence of alcohol, and thus, the nature of such crime is not good, and the crime of violation of the Punishment of Violence, etc. Act on the Carrying of Dangerous Articles only provides for a limited term of three or more years. In light of the above

However, the defendant seems to have seriously reflected the crime of this case, and his depth is divided. On June 3, 2014, after the prosecution, the defendant clearly agreed with the victim that the victim is not subject to the punishment of the defendant. In addition, the circumstances leading to the crime of this case and the circumstances after the crime were taken into account, etc., the victim's punishment is recommended according to the sentencing guidelines, and the violent crime group in the 1 year and June through June, and June.

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