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(영문) 광주지방법원 목포지원 2016.07.15 2015고단1614
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 02:10 on October 7, 2015, the Defendant: (a) brought the Victim E (33) and agreed on the D head office located in the Southern-gun C with the victim E (33). On October 7, 2015, the Defendant saw the victim’s left face and neck, which was a dangerous object on his/her table, as the damages to the victim, such as an open upper part of the face, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount was that the Defendant appears to have recognized and reflected the instant crime, partial efforts were made to recover damage, and the degree of injury was in 2 weeks, taking into account the favorable circumstances.

However, the defendant saw the victim as a dangerous article, because he/she has become aware that he/she has been involved in a dispute due to his/her minor reason, and he/she saw the victim as a free World Cup, which is a dangerous article, and the part of the injury is not good and the possibility of criticism is high.

In addition, the defendant did not have been punished several times due to the crime related to violence, and committed the crime of this case, and did not take any measures to rescue the victim immediately after the crime, as well as did not receive a letter from the victim until now.

This is disadvantageous to the defendant.

In addition to each of the above sentencing grounds, various circumstances revealed in the arguments of this case, such as the defendant's age, sex, family relation, environment, circumstances after the crime, and results, shall be comprehensively considered and decided as ordered.

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