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(영문) 전주지방법원 정읍지원 2015.10.13 2015고단388
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 23:50 on July 13, 2015, the Defendant, while drinking alcohol together with the victim E (the 52 years of age) in the restaurant located in the Go Chang Chang-gun, Chang Chang-gun, the Defendant: (a) had a dispute over the issue of personnel movement of F and Go Chang-gun, a restaurant customer; (b) caused the dispute; and (c) did not intend to do so but to have the intention, he/she was a fluor’s disease, which is an object dangerous to the fluoring; and (d) caused the shock of the fluor’s disease to go back to the left side of the victim.

이로써 피고인은 위험한 물건을 휴대하여 피해자에게 약 2주간의 치료가 필요한 “귓바퀴의 열린 상처”를 입게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The E statement;

1. A medical certificate of injury, etc.;

1. Application of Acts and subordinate statutes, such as field photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., when committing the instant crime; the victim does not want the punishment of the Defendant under an agreement with the victim; the Defendant’s age, occupation, character and conduct, family environment; motive leading to committing the instant crime; motive leading to committing the instant crime; the means and consequence of the instant crime; and all the conditions of sentencing as shown in the process of trial, including the circumstances after committing the instant crime);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (the grounds for discretionary mitigation are repeated);

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