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(영문) 광주지방법원 순천지원 2014.11.14 2014고단1330
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

Around 02:40 on July 11, 2014, the Defendant was demanded to adjust the drinking value from the above Compacter while drinking in Mayang-si C’s 1stro Dabrop Dabrop, Mayang-si, Mayang-si, the Defendant: (a) caused the victim F (the age of 37) who drinked with the Plaintiff at the same time the word “Is the drinking value to calculate the drinking value” that “Is the drinking value would be able to calculate the drinking value”; (b) caused the following: (c) caused the beer’s disease, which is a dangerous thing in the table, to go against F’s head; (d) caused the f’s head to f’s face with the f’s head to f’s head to f; and (e) caused the Defendant’s act of violence to G (the age of 53).

As a result, the Defendant carried dangerous articles and carried them for about three weeks to the victim F, thereby causing injury to brain-dead sugar in need of medical treatment, and opening the part requiring medical treatment for about two weeks to the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and F;

1. A medical certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting bodily injury upon each dangerous article);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act are the following crimes: (a) Class 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodily Injury, Bodily Injury, Special Injury) (1.6-2 and 6 months) mitigated area (1.6-2 and 2.) of the mitigated area (2) of minor bodily injury (the scope of recommending punishment) (the scope of habitual injury, bodily injury, and special injury) (the scope of recommending punishment) of the Criminal Act.

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