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(영문) 광주지방법원 순천지원 2015.09.09 2015고단1273
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

At around 21:50 on May 5, 2015, the Defendant, at the main point of “D” located in Mineyang-si, performed drinking with the victim E (38 years of age) and drinking, was influencing, and was influencing with beer, a dangerous object on the customer’s location, once the part of the victim’s end was fluencing one time, and continued to collect clucing beer’s disease, three times the head part of the victim’s head, thereby causing injury to the victim, such as cerebrus, which requires a medical treatment for about one week.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on report of occurrence and internal investigation;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, and 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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Class I (Habitual Injury, Bodi Bodily Injury, Bodily Injury) (Special Bodily Injury): Reduction element: In cases of minor injuries, victims, where considerable responsibility exists for the occurrence of a crime or the expansion of damage, or where considerable damage has been recovered (including serious efforts to recover damage) or considerable damage has been restored [decision on the recommended area] Special Mitigation Area (decision on the recommended area]; from September to February June;

2. The sentence shall be determined in the same manner as the order, comprehensively taking into account the following factors: the degree of injury to the sentence is minor; the victim is not subject to the punishment of the defendant; the victim is also responsible for the occurrence of the crime or the expansion of damage; the victim is also responsible for the occurrence of the crime; and all the sentencing conditions recorded in the records

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