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(영문) 광주지방법원 2015.03.11 2015고단125
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

On December 31, 2014, from around 00:01 to 02:00 on the same day, the Defendant: (a) singing in a mutual singing room located in Gwangju Northern District C with Da, and the victim E (the age of 49) at an elementary school; (b) without any justifiable reason, putting an empty beer who was on the right side of the commercial site at the entrance of the said commercial site; and (c) putting the victim’s head head head into a part of the victim’s body; and (d) putting a shoulder bottle, the Defendant laid the left side and sing down the left side of the left-hand collaboration requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Scope of recommendations for the sentencing guidelines: The mitigated area of subparagraph 1 (Habitual Injury, Bodily Injury, Bodily Injury, and Special Injury) of each year and six months through June of each year and two years;

2. Specific grounds for sentencing - Circumstances: The defendant reflects the instant crime, and there is no record of crime related to violence against the defendant. The victim does not want to punish the defendant. - The instant crime is committed using beer, which is a dangerous object, and thus, is highly likely to commit the instant crime itself.

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