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(영문) 광주지방법원 2016.09.29 2013고단303
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 14, 2013, the Defendant: (a) around 16:45, the victim D (n, 62 years of age) located in the Gwangju Mine-gu (E cafeteria) caused the problem of calculating the drinking value with the victim, and (b) caused the disease of the victim, which is a dangerous object on his/her customer, and (c) caused the death of the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. A statement of the F;

1. Application of Acts and subordinate statutes governing the scene of damage;

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. In light of the reasons for sentencing under Article 62(1) of the Criminal Act, considering the fact that the nature of the crime in this case is not weak, and that the defendant has obstructed the progress of the trial procedure by refusing to comply with the request of the court for a long time, it is deemed that the defendant requires strict punishment. However, it is decided as per Disposition by the court to suspend the execution of imprisonment only once with prison labor, taking into account the fact that the defendant has agreed with the victim smoothly, and that the defendant is against his/her life through detention.

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