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(영문) 광주지방법원 장흥지원 2015.11.19 2015고단172
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 00:00 on August 28, 2015, the Defendant: (a) 'Eump' operated by the Victim D (Inn, 51 years of age) located in Heung-gun, Chungcheongnam-gun; (b) 'Eump', the Defendant heard the desire from the victim on the ground that he is bad for the victim and F and drinking, while drinking with the victim; (c) was taken into contact with the victim as a dangerous object that was located there, with the victim's face; and (d) took approximately two weeks of treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Where considerable damage has been recovered from the mitigated area (one year and six months to six months) (one year and six months), category 1 (a special mitigation) (a special mitigation) (a special mitigation person] (a decision on a sentence): The degree of injury suffered by the victim is not more severe, there is no record of being sentenced to a suspended sentence or heavier for the same crime, and there is no record of being sentenced to a suspended sentence for the same crime: The fact that the victim deposits two million won for the victim, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, character and behavior, environment, health conditions, motive and consequence of the crime, and circumstances after the crime, etc., shall be determined as ordered by the order.

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