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(영문) 전주지방법원 정읍지원 2016.03.29 2015고단586
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2015, the Defendant: (a) around 22:40 on October 30, 2015, at D main points located in Northern-gun C with the victim E (44 years) in a singing machine first, followed by singing with each other; (b) while coming out of the said main points and going out of the dispute, the Defendant got out of the said main points one time at the left part of the victim’s main points.

As a result, the Defendant carried a scopic disease, which is a dangerous thing, and inflicted bodily injury on the victim for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A criminal investigation report (related to the confirmation ofCCTV images and attaching field photographs, etc.);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs damaged by victims;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is a small-scale illness, which is a dangerous object at the end of a minor dispute, and the nature of the crime of this case where the victim was injured by the price of the victim's head, and the fact that the victim denied his/her crime before confirming the CCTV images in the investigation process is disadvantageous to the defendant. The fact that the victim's mistake and reflects himself/herself, and that the victim and the victim have no record of the same punishment is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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