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(영문) 광주지방법원 순천지원 2014.05.16 2014고단260
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. Around 01:40 on January 15, 2014, the Defendant: (a) the victim E, an employee of the Defendant, intending to additionally sell alcohol at the “Dju store” located in Gwangju-si, Manyang-si, called “doing alcohol, so that he can drink,” was able to take the head once a week; (b) the Defendant was able to walk the buckbuck in three times; and (c) the Defendant inflicted an injury on the victim, i.e., the victim, by taking the cell phone hand on one occasion, caused the victim to be injured, such as a dumbbbing for the number of days of treatment.

2. The Defendant violated the Punishment of Violences, etc. Act (influence by collective action, deadly weapons, etc.), at the time and place specified in paragraph (1), and at the same time, the Victim F when and at the same place the Victim F when and after breaking an empty beer in the beer beer, the Defendant laid off the beer, who is a dangerous object, by gathering the beer’s disease from the beer immediately next thereto, and served with the victim’s entry of the victim, the beer, and the fins, etc. once every time.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury on the victim, such as an open top (5 cent in length) and an open top (3 cent in place) in the upper and lower order of the entry that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. On-site photographs;

1. Photographs photographs of damaged parts;

1. A medical certificate;

1. Statement of opinion;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying a dangerous object), Article 257 (1) of the Criminal Act, the selection of imprisonment for each sentence

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. The reasons for sentencing in Article 62-2 of the Criminal Act for the probation and order to attend a lecture are crimes No. 1 (the scope of recommendations), habitual injury, injury by repeated offender and special injury.

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