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(영문) 광주지방법원 2015.06.19 2015고단1274
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 23, 2015, the Defendant: (a) around 21:20 on February 23, 2015, reported that the victim E (the age of 54) who was known to the general public at the “D” restaurant located in Gwangju Mine-gu, is drinking together with drinking, and was present in the table without the victim’s permission.

Since then, the defendant called "I do not want to do so..................." and the defendant pushed the defendant and let him go beyond the floor with his own hand, and spicked the floor by using in his hand the alcohol branches and internal poles, etc. on the table, and then, the defendant spicked the defendant's caner with a shoulderer who is a dangerous object that was far away from the bottom of the floor, and spicked the part of the victim's spick.

As a result, the Defendant carried dangerous things and put the victim into a heart, such as the lower sins, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Each police statement of the E, F, and G;

1. An investigation report (to hear statements and reports of the G).

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes governing field evidence photographs;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the confession of the crime by the defendant and his mistake in depth, the fact that there are circumstances to consider not only the crime of this case in contingency but also circumstances to consider the background of the crime, the fact that the victim has agreed smoothly with the victim, and the fact that there is no criminal record of a stay of execution or more, etc.);

1. Suspension of execution under Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act (Article 62(1) of the same Act provides a shoulder bottle, which is a very dangerous thing for the defendant, and the quality of the crime is very poor. However, the following grounds for mitigation are the basis of type 1 of habitual injury, repeated injury, special injury.

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