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(영문) 광주지방법원 목포지원 2015.07.16 2015고단563
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

The defendant is between the victim C (n, 49 years of age) and 5 years of age.

Around 16:50 on April 30, 2015, at the defendant's house located in Sinpo City D and 103 around 16:50, the defendant tried to go together to the victim's marriage, but he refused from the victim, and the defendant collected her empty disease, which is a dangerous object that he was going to go through, twice again, the victim was faced with the victim's stroke, and her strokes and strokes the victim's strokes and strokes the victim's head, thereby requiring about 10 days medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by Prosecution C (Evidence No. 51 of the Evidence Record);

1. A medical certificate;

1. Application of statutes on site photographs;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Determination of types of crimes: Type 1: Habitual injury, repeated injury, and special injury:

2. Determination of the scope of sentence: The lower limit of the scope of sentence is not modified according to the lower limit of the applicable sentencing range, even though there exist at least two persons who are subject to special mitigation in one year and June.

2. Two years and six months (a person who is subject to special mitigation: Minor injury or person who is subject to special mitigation: A person not subject to punishment)

3. Determination of the sentencing guidelines and the suspension of execution shall be determined by discretionary mitigation of the sentence against the defendant within the scope of the sentencing guidelines in consideration of the fact that the defendant acknowledges and reflects his/her mistake, the injury suffered by the victim is minor, the defendant has agreed with the victim, the defendant has no history of criminal punishment exceeding the fine, the defendant's age, character and conduct, etc. and the execution thereof shall be suspended

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