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(영문) 광주지방법원 순천지원 2015.11.17 2015고단1582
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

At around 19:00 on July 1, 2015, the Defendant, at the Defendant’s house located 503 Dong 314, 19:00, was drinking with the victim D (the age of 48) at the Defendant’s house, where the Defendant living together with the Defendant’s knife E was booming the Defendant’s boomed with the Defendant’s knife, and boomed the Defendant’s knife into the Defendant’s knife, and knife the kitchen, which was a dangerous weapon, inside the knife in the knife, and knife the Defendant’s knife in the instant knife and knife in the instant knife., the Defendant continued to put the Defendant’s knife with the Defendant’s hand, and knife the Defendant’s knife with the Defendant’s knif.

As a result, the defendant suffered injury to the victim, such as the soft on the left-hand side of the treatment days and the left-hand eye of the eyebrow.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to the site and the damaged photograph;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act as to the crime, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act of confiscation [the range of recommending punishment] In the case of habitual injury, repeated injury, and special injury [the range of recommending punishment] the special mitigation area (including efforts to recover damage] of category 1 (Habitual injury, repeated injury, repeated crime, and special injury] [the special mitigation area] of minor injury, non-execution of punishment (including voluntary efforts to recover damage), or recovery of considerable damage [the decision of sentencing] of one year and six months under the suspension of execution of one year and six months: The degree of damage is not much significant, and the victim and the victim are smoothly.

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