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(영문) 광주지방법원 해남지원 2014.10.15 2014고단253
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

[criminal power] On July 3, 2013, the Defendant was sentenced to 8 months of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) in the branch of the Gwangju District Court in Gwangju District Court on July 3, 2013, and two years of suspended execution, and the above judgment became final and conclusive on July 11, 2013

【Criminal Facts】

At around 02:30 on July 18, 2014, the Defendant: (a) sought the above main point on the ground that the victim took a bath for himself/herself on the ground that the victim took a bath, and (b) took a talk to the victim on the ground that the victim took a bath for himself/herself, and (c) took care of whether the victim “I will take a bath for the subject of this year,” and (d) took care of the down the fraud, which is a dangerous object on the seat of the carcter, was on the part of the victim, and was in line with the victim’s entrance, thereby causing injury to the victim, such as a fright so that there is no flood control for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

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

1. Written diagnosis of each injury (inception department and external department);

1. The photograph of the victim and the photograph of the fact that the crime was taken out;

1. Previous records of judgment: Application of criminal records, inquiry records, court rulings, and other Acts and subordinate statutes;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the range of recommending punishment] There is no basic area (two to four years) of Type I (two-four years) of habitual injury, repeated injury, and special injury (the scope of recommending punishment] [the decision of sentencing] [the decision of sentence] - One year and eight months of imprisonment - the defendant committed the instant crime during the grace period even though he/she is under the suspension period due to the same violent act as the same kind of crime, and the crime of violation of the Punishment of Violences, etc. Act (a collective injury, deadly injury, etc.) is prescribed only as imprisonment, and it is inevitable to sentence sentence as imprisonment is imposed.

However, the defendant reflects his own crime in depth.

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