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(영문) 광주지방법원 2014.10.07 2014고단2929
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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A defendant shall be punished by imprisonment for not less than one year and six months.

However, for two years from the date this judgment became final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

At around 03:55 on May 28, 2014, the Defendant: (a) was under the influence of alcohol 205, the Defendant: (b) was under the influence of alcohol, and (c) was under the influence of alcohol 205 on the part of the part of the right side of the treatment days for the victim, such as the victim E (ma, 43 years of age) facing the body of drinking and frighting from the victim E (ma, 43 years of age) when the victim faces the face of the victim; and (d) while displaying the transition (the length 23 cm, the length 13 cm on the day, the day 13 cm).

Summary of Evidence

1. Legal statement of witness E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes, such as field photographs (Evidence No. 5);

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 48 (1) 1 of the Criminal Act;

1. Type 1 (Special Bodily Injury), the scope of recommended punishment, shall be subject to special mitigation ( September to February);

2. Although it is necessary to impose severe punishment on the Defendant by committing the instant crime even though the Defendant had a large number of violence, the Defendant and the victim have committed the instant crime in the course of assaulting with each other. However, considering the fact that the Defendant and the victim have committed the instant crime, and the victim does not want punishment against the Defendant, the sentence against the Defendant shall be determined as ordered within the scope of the said recommended punishment, by taking into account the fact that the Defendant and

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