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(영문) 광주지방법원 해남지원 2015.10.15 2015고단358
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

At around 23:30 on June 5, 2015, the Defendant: (a) sought to divide the Defendant’s 33 stories in the Djudo Office located in the 2nd floor, Jeonnam-gun C2, but, on the ground that the victim E (n.e., the 54 years old), who works not for the owner of the business, entered the Defendant, demanded that “the Defendant was the owner, who was the owner, was the owner, and the d.e., the d., the d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. k

In the end, the defendant suffered from the victim's injury to the left-hand side in need of about four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (field photographs, site photographs2);

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. Application of the sentencing criteria [Scope of recommending punishment] Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Special Injury) (No person subject to special mitigation] of the basic area (two years to four years) of habitual injury, repeated injury, and special injury;

2. The crime of this case committed by the Defendant with a sentence of sentence is a case where a dangerous article was killed by beer and injured by the victim.

Considering the fact that the degree of injury inflicted on the victim is not minor and that the defendant has not yet been able to take advantage of the fact, it is necessary to strictly punish the defendant.

However, the arguments of this case, such as the fact that the defendant reflects the defendant, the fact that the defendant has no particular criminal record, the fact that the defendant directly affected the victim of the beer disease, and the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, and the circumstances after the crime, etc., are shown.

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