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(영문) 광주지방법원 2015.07.23 2015고단1590
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant shall be punished by imprisonment for a term of 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

1. Around 18:30 on January 1, 2015, the Defendant: (a) expressed the victim’s desire at the main point of “D” located in Gwangju Northern-gu, Gwangju; (b) expressed the victim’s desire on the ground that the victim E (here, 42 years of age) was her husband with the Defendant’s husband; (c) took one time the head of the victim’s head on his/her table; and (d) took the victim’s head on three occasions due to drinking.

2. From around 22:20 on the same day, the Defendant continued to engage in an injury to the victim, such as thirrosising the victim again with his/her main points on the ground that he/she did not get out of fire at around 22:20 on the same day, resulting in a beer disease, which is a dangerous object on his/her table, and causing approximately two times the head of the victim to undergo approximately two weeks medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect examination of the police accused and F;

1. Each protocol of statement to E by the police (including the cross-examination part);

1. Application of Acts and subordinate statutes to the head of complaint and diagnosis report;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (1) and Article 260 (1) of the Criminal Act (Appointment of imprisonment with prison labor for the crime of violence);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Where the reason for sentencing under Article 62 (1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] The sentence of punishment under Article 62 (1) of the Criminal Act is determined by adding the punishment prescribed by the crime of assault to the above recommended punishment to the mitigated area (1 year and six months to two years and six months) (1 year and six months) (1 year and six months), where the victim is also responsible for the occurrence of crime or the expansion of damage (1 year and six months).

The defendant is the first offender, and the circumstances leading to this case are considered.

In addition, the argument of this case is shown.

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